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HomeMy WebLinkAboutMinutes - 10/27/1997 - Zoning Board of Appeals ZONING BOARD OF APPEALS OCTOBER 27 1997 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-439 JOSEPH L. BONO FOR A TEXT AMENDMENT ) BONO AND CC�NDITIONAL USE PERMIT ) PURSUANT TO THE ZONING ) 625 RIDGEVIEW DR ORDINANCE OF THE CITY OF MCHENRY, ) TEXT AMENDMENT MCHENRY COUNTY, ILLINOIS. ) CONDITIONAL USE REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearin�; on the above-captioned petition was held on October 6, 1997 and recessed to October ;?7, 1997. 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 (arrived at 7:40 p.m.), Chuck Lovett,Jon Meyer, Harry Semrow. Absent: None. 2. Attorney for Zoning Board: Kelly Cahill. � 3. Recording Secretary: Kathleen M. Kunzer. 4. City Planner: Phillip Maggio. 5. Petitioner: Joseph Bono, 2406 MarQuardt, McHenry, Illinois 60050. 6. Attorney for Petitioner: Richard Short, 3604 North Chapel Hill Road, McHenry Illinois 60050. 7. City Council Members: Alderman William Bolger, Alderman Andrew Glab, Alderman Steven Murgatroyd, City Clerk Althoff. 8. Court Reporter: None. 9. Observers/Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on September 20, 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 v�✓as posted as required by City ordinance. An Affidavit of Service is on file with the �— City Clerk. , _ Page 2 ZBA-Bor�o 10/27/97 LOCATION \.. The subject property is located at 625 Ridgeview Drive, McHenry, Illinois, Lots 3 and 4 in Inland Business Park. SUMMARY The Petitioners are requesting the following relief from the Zoning Ordinance of the City of McHenr}�: 1. TextAmendment-Adding Restaurant serving alcoholic beverages and having live entertainment or dancing to Table 9 Group W, Conditional Uses in a Business Park District, of the Zoning Ordinance. 2. Conditional Use Permit - To allow the construction and operation of a restaurant serving alcoholic beverages and having live entertainment or dancing on the subject property. TESTIMONY Chairman Semrow noted this hearing was recessed to this date from October 6, 1997. All testimon}� had been presented by the Petitioner. There were questions raised as to the conditions which should be imposed upon the conditional use should it be granted. The hearing was recessed so that restrictive language could be agreed upon with regard to live entertainrnent. Subsequently City Attorney McArdle and Petitioner's Attorney Short met to clarify the language as follows: �� The live entertainment and dancing permitted pursuant to fhis conditional use `- shall be limited to include dancing to the musical performance by one or more persons, not to exceed five, by the use of amplified recording playback equipment or musical instruments or vocal accompaniment music renditions. The live entertainment and dancing permitted hereunder specifically excludes any entertainment featuring topless dancers, go-go dancers, exotic dancers, male or female strippers, female impersonators, or similar entertainers where sexual conduct is depicted and/or sexual activity is encouraged or tolerated. Violations of the limitations imposed by this conditional use shall subject the conditional use and any liquor license issued to be revoked." Attorney Short said the Petitioner would agree to include the restrictive language in the OrdinancE�which would approve the conditional use for this property. The exclusions limiting the live entertainment have also been agreed to by the Petitioner. QUESTIONS BY MEMBERS OF THE BOARD Meyer asked what would happen if the restrictions imposed upon the Conditional Use were violated. Semrow said the Conditional Use would be revoked as well as the liquor license being revoked. Meyer said the Petitioner would still be able to operate his restaurant. Short noted the liquor license would be critical to the success of the business. If the liquor license were revoked, it would seriously impact the business. This would provide the City with a great amount oi control over the conditional use which the Petitioner has agreed to. `— Semrow suggested the definition, including the restrictive language, be included in Chapter XIX Definitions of the Zoning Ordinance so that it would be applicable to live entertainment universall�� in the City and not solely for this Conditional Use. , Page 3 ZBA-Bono 10/2 7/9 7 Christensen asked if the Business Park would be subject to the setback requirements of the �..,. Hospital Care District. Semrow said this is a Business Park and not a Hospital Care District. All construction in the Business Park is subject to the ordinance requirements for the Business Park District. Christensen asked if the Petitioner would be meeting the parking requirements. Only 64 ��arking spaces are shown and the ordinance requires 85 parking spaces. Maggio said no variance is being sought. The Petitioner will meet all requirements of the Ordinance including parking. Chairman Semrow said, "there being no further testimony before this Board with regard to the Petition, the Chair will entertain a motion with regard to the Petition, unless there is a motion to recess by a member of the Board. There being no motion to recess, the Chair will entertain a motion with regard to this matter." DELIBERATION AND RECOMMENDATION Motion by Lovett, seconded by Cadotte, to recommend to the City Council that the Petitioner's request for a Text Amendment of the Zoning Ordinance as follows be granted: Table 9, Group W: Conditional Uses in a Business Park District: 4. Restaurants serving alcoholic beverages without live entertainment or dancing. `.— 5. Restaurants serving alcoholic beverages with live entertainment or dancing; that a Conditional Use Permit allowing the construction and operation of a restaurant serving alcoholic beverages and having live entertainment or dancing on the subject property be granted; that the Conditional Use be restricted as fol lows: "The live entertainment and dancing permitted pursuant to this conditional use shall be limited to include dancing to the musical performance by one or more persons, not to exceed five, by the use of amplified recording playback equipment or musical instruments or vocal accompaniment music renditions. The live entertainment and dancing permitted hereunder specifically excludes any entertainment featuring topless dancers, go-go dancers, exotic dancers, male or female strippers, female impersonators, or similar entertainers where sexual conduct is depicted and/or sexual activity is encouraged or tolerated. Violations of the limitations imposed by this conditional use shall subject the conditional use and any liquor license issued to be revoked." that Table 33, the Approval Criteria for Zoning Amendments, Page 401 of the �- Zoning Ordinance have been met; and that Table 31, the Approval Criteria for Cor�ditional Uses, Pages 357-358 of the Zoning Ordinance have been met. , Page 4 ZBA-Borio 10/27/9? Voting Aye: Cadotte, Ekstrom, Howell, Lovett, Meyer, Semrow. � Voting Nay: Christensen. Not Voting: None. Abstainir�g: None. Absent: None. Motion carried 6-1. Christensen noted he is not opposed to the granting of the Conditional Use; he is opposed to the location in this Business Park. Motion by Cadotte, seconded by Christensen to recommend to the City Council that the definition for Live Entertainment be incorporated into Chapter XIX Definitions of the Zoning Ordinanc:e as follows: "Live Entertainment: shall be limited to include dancing to the musical performance by one or more persons, not to exceed five, by the use of amplified recording playback equipment or musical instruments or vocal accompaniment music renditions. The live entertainment and dancing permitted hereunder specifically excludes any entertainment featuring topless dancers, go-go dancers, exotic dancers, strippers, male or female, or female impersonators or similar entertainers where sexual conduct is depicted and/or sexual activity is encouraged or tolerated." `.- Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. ADIOURNMENT Motion by Lovett, seconded by Ekstrom, to adjourn the hearing at 7:53 p.m. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Meyer, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 7-0. This hearing was adjourned at 7:53 p.m. Respectfully sub itted, Harry S row, Chairman Zoning Board of Appeals ��- c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Adir�inistrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Ne��vspaper, City Clerk File Copy.