Loading...
HomeMy WebLinkAboutMinutes - 1/12/1998 - Zoning Board of Appeals ZONING BOARD OF APPEALS JAN UARY 12, 1998 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-442 GEORGE BRALES AND TED ZATOS AND ) Zatos/Brales GEORGE VOUTIRITSAS FOR A CONDITIONAL ) USE PERMIT, PURSUANT TO THE ZO�11NG ) 4400 W Elm St ORDINANCE OF THE CITY OF MCHENRY, ) Conditional Use MCHENRY COUNTY, ILLINOIS. ) REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-captioned petition was held on January 12, 1998. Chairman Semrow called the hearing to order at 7:38 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John Howell, Jon Meyer, Harry Semrow. Absent: Chuck Lovett. 2. Attorney for Zoning Board: David W. McArdle (arrived at 9:30 p.m.). L— 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. 5. Petitioners: George Brales, 1112 Honeyhill, Addison, IL 60101; Ted Zatos, 1415 Stone Avenue, Addison, IL 60101. 6. Attorney for Petitioner: James Cowlin, 4108! West Crystal Lake Road, McHenry, IL 60050. 7. City Council Members: None. . 8. Court Reporter: None. 9. Registered Observers/Objectors: 1 . Elizabeth Miner (rep. Don Roberts Beauty School), 607 Concord Dr, Woodstock I L 60098 2. Matthew N. Zurpas, 4411 Home Ave, McHenry IL 60050 3. Aleen Tiffany, Esq., 666 Russel Ct, Ste 300, Woodstock IL 60098 4. Arthur Tiffany, 4411 Home Ave, McHenry IL 60050 5. Charlaine Tiffany, 4411 Home Ave, McHenry IL 60050 6. Kenneth A. Miller, 1506 Ramble Rd, McHenry IL 60050 � 7. Max N. Koch, 1508 N. Flower St, McHenry IL 60050 8. Pat Koch, 4517 W. Home Ave, McHenry IL 60050 9. Gloria & Steven Segerstrom, 4513 Home Ave, McHenry IL 60050 10. Kim Bodishbaugh, 1509 N. Richmond Rd, McHenry IL 60050 Page 2 ZBA-Zatos/Brales 1/12/98 11. Shannon E. Kottke, 801 Hiiltop Bivd, McHenry IL 60050 �.. 12. George Heuer, 4508 W Home Ave, McHenry IL 60050 13. Cary Bruce (rep. Eagle Foods), 4400 W. Eim St, McHenry IL 60050 14. Michael Larsen, 1507 Rambie Rd, McHenry IL 60050 15. Helen Hankins,•4609 Home Ave, McHenry IL 60050 16. Skyline FOTO Fast, 4400 W. Elm St, McHenry IL 60050 17. Walter Steffens, 1414 Ramble Rd, McHenry IL 60050 18. Jeff Steffens, 1414 Ramble Rd, McHenry IL 60050 19. Jason Fowler, 3706 W. Timothy Ln, McHenry IL 60050 20. Bret Willhoit, 3813 Prestwick St, McHenry IL 60050 NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on December 27, 1997. Publisher's Certificate of Publication is on file with regard to this matter in the City Clerk's Office. Notices were mailed to all owners of record of abutting properties and the subject property was posted as required by City ordinance. An Affidavit of Service is on file with the City Clerk. • LOCATION The subject property is located at 4400 West Elm Street, McHenry, Illinois, and is located in the portion of the building formerly occupied by Spurgeon's Department Store. It is comprised of approximately 12,000 square feet. � SUMMARY The Petitioners are requesting a Conditional Use Permit to allow an indoor amusement establishment for teens and young adults, i.e. musical entertainment (D.J.), dancing, pool tables, video arcade games, non-alcoholic juice bar, and minimal food service (pizza). TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioners: 1. George Brales, 1112 Honeyhill, Addison IL 60101; 2. Ted Zatos, 1415 Stone Ave, Addison IL 60101. Attorney Cowlin stated the Petitioners will not be using the parking area to the west and north of the building as this would possibly impact the abutting residential properties. The proposed use will be conducted inside of the building only. There will be no outside activity such as volleyball or the like. The proposed use would provide much needed recreation for teens and young adults ages 17 and above. Zatos said he and Mr. Brales own the restaurant "Kojaks" in Cary. In addition, they operate Cheerleader, Mercedez, and Eclipse, which are all nightclubs or restaurants in the Chicagoland area. Zatos noted this is their first venture with a teen center. It would be located in the McHenry Market Place in the portion of the building previously occupied by Spurgeon's. There would be a juice bar. No alcoholic beverages would be served. Pizza would be served; although it would be catered in so there would be no kitchen facility required. The `-- entertainment would consist of a D.J., dance floor, arcade room, and pool tables. The proposed hours of operation would be as follows: Page 3 ZBA-Zatos/Brales 1/12/98 • 8:00 p.m. - 1:00 a.m. Thursday and Sunday �. • 8:00 p.m. - 2:00 a.m. Friday and Saturday • Closed Monday, Tuesday, Wednesday. Zatos said he wouid employ approximately 12-15 people. Security would be provided, both indoors and outdoors: There would be at least 8 security personnel inside the facility. He intends to use off-duty police officers for security. The outside of the building would be patrolled both in the parking lot east of the building (where parking would be allowed) and west and north of the building (where parking would be prohibited). Zatos said he intends to construct a large interior lobby to accommodate the large influx of patrons waiting to enter the faci I ity. Dance music will be provided by the D.J. Zatos said he would comply with noise standards of the City code. Speakers would be directed in an easterly direction, away from the residential neighborhood. He noted there would be adequate parking. The lot includes 363 parking spaces. He stated that most businesses in the shopping center would be closed during his business hours. He noted the parking lot would be very well lit. Zatos informed the Board there should be no problem with littering as all refuse will be disposed of by patrons prior to their leaving the building. He indicated the other tenants of the facility had provided written support of his proposed project. QUESTIONS BY MEMBERS OF THE BOARD �.- Cadotte asked the age limits of the patrons of the facility. Zatos said the minimum age would be 17. He would prefer not to have an upper limit. Cadotte asked if he would employ bouncers; would this be a private security company? Zatos said he would use off-duty police officers. Cadotte asked what the Petitioner means by "very well lit". Zatos said the parking lot will be lit so that it will help with security. Cadotte asked if the Petitioners would have a pizza oven. Zatos said the food would be catered; they may have a food warmer. Cadotte asked if the parking area west and north of the building would be patrolled to keep people from parking in this area. Zatos said the entire area would be patrolled in addition to posting the west and north area "No Parking - violators will be towed". Cadotte asked if there would be a problem having such a use in the same shopping center as "The Spot". Zatos said there should be no problem as they are not the same type of establishment. Meyer asked if there would be a cover charge. Zatos said there would be a cover charge. Once paid, the patrons would be able to be stamped, leave and come back in. Meyer asked if smoking would be permitted. Zatos said smoking would be permitted but not sold. Meyer asked if Zatos would be the on-site manager of the facility. Zatos said that he would manage the business. Christensen asked if the Petitioner was planning to improve the outside lighting of the parking lot. Zatos said he would be willing to increase the parking lot lighting if that is acceptable with his landlord. Christensen said he is concerned regarding loitering and potential fights breaking out in the parking lot; how would the Petitioner contain such behavior. Zatos said `- that would be taken care of by the security he would provide. Christensen asked if the occupancy load of the building had been determined yet. Zatos said the building has not been inspected by the Fire Department or Building Department yet; the occupancy load has not been established. Christensen asked the size of the proposed facility in relation to the other Page 4 ZBA-Zatos/Brales 1/12/98 establishments referred to by the Petitioners. Zatos said this would be approximately the same �.. size as Mercedez. Christensen asked how many pool tables there would be. Zatos said there would be 3 or 4 pool tables. Christensen asked what was intended for the raised platform areas. Zatos responded this would be seating area with couches. Christensen asked how the Petitioner could prevent patrons from using the parking areas west and north of the building. Cowlin said the property could be posted. Cadotte asked if the music level would cause a nuisance to residents in the neighborhood. Zatos said �e would make sure the sound does not negatively impact the neighbors. Christenser� noted the Petition refers to a valet service; he asked for clarification. Zatos said he would hire a company to perform this service for those patrons who wished to use it. Christensen noted the Petition makes mention of "rules and regulations". He asked the Petitioner to provide a list of the rules and regulations. Zatos said the house rules have not been drawn up yet. However, he is referring to things like slam dancing, fighting, etc. In reference to another question by Christensen, Zatos said the facility would not be smoke-free. Cadotte asked who would assume the insurance for the valet service liability. Zatos said the firm would have their own insurance. Semrow asked if any of the previously mentioned establishments abut a residential neighborhood. Zatos said one of the nightclubs abuts a residential neighborhood. Semrow asked if the rules and regulations would be posted on the premises. Zatos said they would be L- posted. Semrow asked if the security personnel would be armed. Zatos said they would not be armed. Semrow asked if there had been any discussion with City Staff regarding the capacity of the structure and each area of the proposed facility. Zatos responded the occupancy load has not been determined at this time. Semrow asked if a full security staff would be used each night they are open. Zatos said that is correct. Semrow asked if the Petitioners would be leasing the open space grassy area between the two buildings. Zatos said this area is included in his lease. Cadotte asked the Petitioner to estimate the maximum number of patrons he expected to use the facility at any one time. Zatos responded he did not believe the number would exceed 400. Cadotte noted the ratio of employees to .patrons seemed quite high, especially if the crowd became unruly. - Christensen asked if there was any intent to have a live band. Zatos said they would not have a live band. Howell asked if there were any plans to improve the store front facade. Zatos replied he had no plans to do anything to the store front other than sign placement. The sign would be subject to the sign ordinance. Howell asked the term of the lease. Zatos said it is a five-year lease. Meyer noted there are two businesses in this area of the shopping center which would be open `- during the proposed business hours of this establishment, namely the Laundromat and Eagle Foods. There could be some potential conflict with parking needs in the center. Page 5 ZBA-Zatos/Brales 1/12/98 QUESTIONS BY OBSERVERS/OBIECTORS ``-- Aleen Tiffanv: She asked for clarification of the interior usable space square footage. Cowlin responded there is approximately 10,000 square feet of usable space for patrons. Tiffany asked if there ha� been any study done through the Police Department on potential problems which could occ.�r if this use were�granted. Zatos said no study has been done. Tiffany asked if a traffic impact study had been done. �There has been no traffic study done. Tiffany asked if the noise IevE l tests would be valid at the- proposed location - were factors such as building constructic�n style, materials and distance from residential dwellings comparable. Zatos said he would do whatever is necessary to assure there will be no noise nuisance in the neighborhood. Cary BrucE�_ Bruce represents Eagle Foods, also a tenant in the shopping center. He indicated there is nc� letter stating Eagle Foods is not opposed to the proposed use. Bruce expressed concern regarding this type of use increasing safety hazards to his customers. Bruce said this type of use is prohibited in the terms of his lease. Steve Se�erstrom: Segerstrom asked the R factor of the exterior walls. Zatos said he does not know the R factor. Acoustic tiles will be used in the ceiling. Segerstrom asked if the Petitioner was knowledgeable of the noise ordinance. Semrow stated if the property violates the noise ordinance, it would have to be brought into compliance or be faced with consequences, such as being closed by the City. Segerstrom asked if a traffic impact study had been done of the intersection of Elm and Oak Streets. Zatos said no traffic impact studies have been done. Segerstrom asked if there had been complaints of fights, noise, etc. filed against the Petitioners `-- at any of their other facilities. Zatos said there have not. Segerstrom expressed concern regarding loitering and illegal activities taking place in the grassy area to the north of the building. Semrow said if there is loitering or any other distasteful activities, security would be brought in to handle the situation. Segerstrom asked what the environmental impact on the area would be. Would there be littering of the property due to all of these people being on the premises? Shannon Kottke: Kottke asked what to see the plan for placement of the speakers. How powerful would the speakers be? Zatos said the exact location of the speakers has not been determined. However, they would be directed to the east. Kottke asked the capacity of the , building - would it be 250-300? Zatos said somewhere in that area. Kottke said what if the State Fire Marshall determined the capacity to be 500 people. Would the Petitioners allow that many people in the building? Where would all of those people park? Brett Wilhoit: Wilhoit asked what the cover charge would be. Zatos said it would not exceed $10 per person. Ken Miller: Would this use be in conflict with the city curfew. It was noted City curfew is 16. Miller asked if there would be a way of controlling traffic so that it does not travel past the residential homes when the patrons are coming to or leaving the facility. Semrow noted it is difficult to control where traffic goes once they leave their parking space and exit the site. Miller asked the Petitioner if he has plans to erect lights in the rear of the pedestrian walkway `— area. Zatos said he would put up more lighting if the landlord approved. Miller asked if security inside and outside would be trained -would all security personnel be off-duty officers? Zatos replied all security personnel would be trained. Page 6 ZBA-Zatas/6 ral es 1/12/98 � Walter Steffens: Can you tell me the business which you own most closely resembles this one. Zatos said it would be the one located on Halsted at Jackson Street in Chicago. Elizabeth Miner: Miner asked if the Petitioner would consider having an upper end age restrictioi�. Zatos said they would prefer to not have an upper age limit. Max Koc��: Koch asked how many people could fit into the building. Zatos said he believed there wo�ld be 250-300 on an average night. Koch asked what if there are more potential patrons tf�an can comfortably fit inside the building. Where would they go? Zatos said they would w�it for entry in the interior lobby. Koch noted that if 250-300 people attend this facility ori a given night, there would be no place for store customers for Eagle Foods or the Dollar St��re to park. Gloria Segerstrom: How is the Petitioner going to control the noise and nuisance in the parking I��t? Zatos responded security will control the parking lot. Segerstrom asked what procedur��s will be taken to prevent teenagers congregating in the parking lot. Zatos said, if it gets too loud security will let the patrons know that its time to move on. Arthur Ti1'fanv: Tiffany stated the cover charge would be $10 per person - is that where the Petitioners intend to make all of their money? Zatos said the cover charge is basically where the monE�y is made on this type of operation. Tiffany asked why the Petitioners are experimenting with a first time venture in the City of McHenry, especially when they live in � Addison. Tiffany asked what the Petitioners would do if they have a really good night, where would everyone park - along 120? He asked what would happen if the crowd is too big, or unruly - would the Petitioner call the Police for assistance? Zatos said if things did get out of control he would call the Police. However, he did not anticipate any problems. Security would be adequate. ADDITIONAL UESTIONS BY MEMBERS OF THE BOARD Christensen asked if the Petitioner would card the patrons upon entering his establishment. Zatos said all patrons would be carded. Cadotte asked the Petitioner if he had considered having sessions to accommodate larger numbers of patrons. Zatos said he would use "Lot Full" signs to let people know the facility has reached capacity. Semrow opined he had concerns regarding knives, guns, dope, etc. At the security check would there be a metal detector? Zatos said there would be a metal detector. Semrow asked if the restrooms would have security personnel in attendance. Zatos said the restrooms would be patrolled, however, there would be no one stationed there. Chairman Semrow called for a recess at 9:40 p.m. The hearing reconvened at 9:55 p.m. with all members still in attendance. �. Semrow noted following discussion with Attorney McArdle during the recess, it was pointed out the requested conditional use would be a new type of use in the City of McHenry. It is the belief of Counsel that if a recommendation is made to City Council that this conditional use be granted, certain specific conditions should be imposed that the Petitioner should satisfy. Page 7 ZBA-Zatos/Brales 1/12/98 use gets out of control and the City finds it necessary to move to remove or suspend the use, �. there must be certain parameters established so that this can be done. The Petitioner should agree to the conditions or parameters or the conditional use permit would not be granted. Semrow stated he would meet with City Attorney McArdle and Petitioner's Attorney Cowlin to discuss and create a set of conditions to be imposed if proposed conditional use is granted. It was the consensus of those present to recess this hearing until the conditions have been established and presented to the Board and the Petitioner for review. In addition, the following information was requested prior to the date this hearing reconvenes: 1. Petitioner to provide copies of correspondence from Eagle Foods in which support for this proposed use is stated. 2. Sec�are copies of lease agreement between Eagle Foods and Mr. Voutiritsas which alle;edly prohibits the proposed use. 3. Provide projected or approved occupancy load by Fire Department. Christensen asked what type of lighting will be installed inside of the building. It will be illuminated; there would be spot lights on the dance floor. The remainder would have soft lighting. Semrow asked how many times during the past sixty days have the police been called because of fights at the Petitioners' other facilities. Zatos said there have been no calls in the last sixty days. Semrow inquired how the Petitioners would control fights breaking out between groups `-- of kids and gangs. Zatos said the security would be able to handle any disturbances. McArdle noted if weapons, fights or drugs become intolerable, there would be a suspension or revocation of the use depending on the severity or rate of repetition of the offense. Semrow noted that gangs would gravitate to such a facility. Kenneth Miller stated the benefits to the neighborhood and to the City in general would ben good. The facility would provide something for the kids to do and help to get them off the street. MOTION TO RECESS Motion by Christensen, seconded by Cadotte, t�o recess this hearing to Monday, January 26, 1998 at 8:30 p.m. in the City of McHenry Municipal Center with no change to the Agenda Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett. �.. Page 8 ZBA-Zatos/Brales 1/12/98 L- Motion carried 6-0. This hearing was recessed at 10:16 p.m. � , Respectfully submitted, � � Harry Se w, Chairman Zoning Board of Appeals c: Zon�ng Board of Appeals Members (7), Plan Commission Members (7), Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, Observers/Objectors (20), B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, File Copy. Z-442 � �