HomeMy WebLinkAboutMinutes - 10/27/1997 - Zoning Board of Appeals ZONING BOARD OF APPEALS
OCTOBER 27 1997
CITY OF MCHENRY
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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.
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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.
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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.
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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.
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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.