HomeMy WebLinkAboutMinutes - 10/6/1997 - Zoning Board of Appeals �
ZONING BOARD OF APPEALS
OCTOBER 6, 1997
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF ) Z-435
ROLLER ACTION PARKS OF AMERICA FOR ) ROLLER ACTION PARKS
CONDITIONAL USE PERMIT )
PURSUA'�T TO THE ZONING ) 908 N FRONT 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 hearin;; on the above-captioned petition was held on September 29, 1997 and recessed to
this date. Chairman Semrow called the hearing to order at 7:32 p.m. The following persons
were in ��ttendance:
1. Zc�ning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom (arrived
at 8:05 p.m.), John Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None.
2. Attorney for Zoning Board: David McArdle.
�
3. Recording Secretary: Absent.
4. City Planner: Phillip Maggio.
5. Petitioner: Roller Action Parks of American represented by Wayne Moran at Remax
Plaza, 4005 North Front Street, McHenry, Illinois 60050.
6. Attorney for Petitioners: None.
7. City Council Members: City Clerk Althoff.
8. Court Reporter: None.
9. Observers/Objectors:
1 . Bill Baczek, Just for Fun, 914 N Front St, McHenry IL 60050
2. Bruce Bowen, Just for Fun, 914 N Front St, McHenry IL 60050
3. Rich Hudjera, 903 N. Center St, McHenry, IL 60050
4. Tom Michelsen, 817 N. Center St, McHenry, IL 60050
NOTICE OF PUBLICATION
Notice ��f this hearing was published in the Northwest Herald on September 13, 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.
• � . Page 2
� ZBA-Roller Action Parks
10/6/9 7
LOCATION
The subject property is located at the rear of 908 North Front Street, McHenry, Illinois 60050,
�"' and is comprised of approximately 10,000 square feet.
SUMMARY
The Petitioners are requesting a Conditional Use Permit to allow the operation of an
indoor/outdoor amusement establishment, a roller blade and skate board facility on the subject
property.
��
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1] Wayne Moran at Remax Plaza, 4005 N Front Street, McHenry, Illinois 60050.
Mr. Moran stated that prior to the hearing this evening he distributed information packets to
each of the Board members. Semrow asked the Petitioner to explain the contents of the packet
in that the Board members have not had an opportunity to review the materials.
Moran st��ted the packet addressed potential questions regarding the proposed use such as:
lighting, parking, hours of operation, noise impact, safety precautions, fencing, setbacks
surrounding the property, risk management, ramp construction, waivers.
QUESTIONS OF THE PETITIONER BY MEMBERS OF THE BOARD
Semrow asked how big the proposed facility would be. Moran said the inside facility would
� be 5,250 square feet. Outside facility would be 5,000 square feet. Total square footage would
be approximately 10,000 square feet. Semrow said the film which had been provided to each
of the Board members for review prior to this hearing not only answered many questions, but
raised others for him. Semrow noted the film indicates such roller parks should not be erected
close to schools. Semrow asked the proposed hours of operation. Moran said hours of
operation would be similar to the roller rink hours and other businesses in the area. Moran
said they would not be open beyond 10 pm. Summertime hours would include daytime
sessions as well as evening sessions. Winter hours would not begin until 2:30 or 3 p.m.
Moran said he most likely would not have daytime hours during the school year.
Cadotte said with regard to parking, there would be at least ten parking spaces set aside for
the park. Cadotte stated in the film it states that people from school age children to those who
are 35-40 years old would use the facility. Cadotte expressed concern regarding 10 parking
spaces being adequate. He asked how many skaters would use the facility at one time. Moran
said he b�lieves there would be somewhere between 20-30 people using the facility at any
one time. Cadotte said that ten spaces may not be enough. Moran said there may be room
for more spaces in the back of the building. Semrow said there is no request in the Petition
for a parking variance; the Petitioner would have to comply with the requirements of the
ordinancE�. Maggio noted the building department computed a requirement of 27 spaces for
this site. Parking space requirements will be verified prior to building permit issuance if this
use is permitted.
� Lovett asked if existing parking spaces on the site count toward needed parking spaces.
Maggio s�iid parking requirements are based on the entire building including all of the uses -
those which are existing and those being proposed. The proposed conditional use requires
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10/6/97
27 parking spaces in addition to existing spaces allocated for the existing uses on the premises.
Lovett asked if the occupancy would be limited - would there be a maximum number of
�' skaters who could use the facility at any one time. Moran said the facility would be used in
a safe manner. In addition, compliance with the fire code would be necessary. Most probably
only a certain number of people would be permitted in the building at any one time. Lovett
asked Moran if he has other facilities like this one being proposed. Moran said this is his first
facility. I_ovett asked the Petitioner if he has any plans to hold competitions at this facility.
Moran said not at this time, but it could be a possibility.
Semrow said the parking is predicated on maximum occupancy of the building. Has the
building department done any calculations as to what the maximum occupancy for this
particular facility should be in terms of safety? What type of safety controls would be put in
place to assure that a particular ramp or other part of the facility is not used beyond its
occupancy. What would the Petitioner do to assure that maximum load capacity for the
building is not exceeded. The Petitioner stated he has visited other similar facilities and the use
of the ramps, etc, appears to be orderly and safe.
Howell asked if there was a draft of house rules and crowd management available for Board
review at this time. Moran said the house rules would be very strictly enforced. There would
be no food or beverages, with the exception of an outside pop machine. Howell asked how
many staff would be employed to monitor and enforce house rules. Moran said he would
employ as many as it takes. Moran said the layout has not been set up as of this time.
� Meyer asked if the concept is that a certain number of people would be permitted in the
facility at one time or for a particular session. Moran said that is correct. Sessions would be
2 hour or 4 hour sessions - it has not been determined yet the duration of the session. Meyer
asked if at the end of a particular session the users would either have to pay to use the facility
for the next session or leave the facility. Moran said that is correct.
Lovett referred to the risk management handout. He noted all equipment would be inspected
prior to entrance to park. Lovett asked for clarification as to what "inspected" means. Moran
said safety equipment (helmets, knee pads, elbow pads, etc.) would be looked at so its not in
poor condition.
Meyer referred to the handout with regard to music. He asked for verification that no music
would be played on the external speakers. Moran said that is correct. Semrow asked with
regard to the height of the indoor facility, what would the ceiling clearance be in comparison
to the Hoffman Estates facility. Moran said the ceiling height in the Hoffman Estates facility
is approximately 5-10 feet higher than the one being proposed in McHenry. Moran said the
McHenry facility would be built by a professional skate ramp designer and would fit the height
restraints and square footage which is available in this building.
Cadotte asked if the patrons would use their own skateboards and roller blades or would
equipment rental be provided. Moran said he would not rent equipment. Christensen said
the film suggests having the kids involved in the design of the facility.
�
Meyer asked if the outdoor portion of the facility would be fenced in. Moran said that is
correct. ��oran said fencing exists to the east and south. Fencing will be added along the
north portion of the outdoor facility and the building will act as the barrier to the west.
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10/6/97
Lovett asked the proposed ramp height in the outside portion of the facility. Moran said he is
not certain of the ramp height at this time. Lovett asked if it would be customary to have the
�' fence height at least one foot above the exterior ramp height. Moran said he would put in
whatever type and height fence is recommended by the park designers. Not much designer
consultation has been done at this point, while awaiting recommendation from the Zoning
Board an�� approval by City Council.
Howell asked if there were any plans to enhance or alter the exterior of the building, besides
the fence Moran said there are no plans at this point. Semrow asked the time frame to have
the facilit�� completed. Moran said 6 weeks would be needed to convert the building for this
use. Christensen asked what provisions are being made to monitor the outside of the building
to keep off-hour people from jumping the fence and using the site. Moran said the perimeter
of the property would be fenced and the ramps would be contained within the fenced-in area.
Barbed wire would used if city ordinance permits. A security camera would also be used.
Meyer said one of his concerns would be an audience participation building along the chain
link fence. Wouldn't a privacy fence be better? Moran said that is a possibility. Howell asked
if the site layout would include any area for spectators. Moran said there is a grassy area to
the rear of the building which could accommodate spectators.
Lovett asked with regard to the Waiver of Liability, what would be the procedure. Moran said
it would be completed and kept on file. It would be good for one year. Howell asked if
memberships would be sold. Moran said that is correct. Cadotte asked how reservation
� procedures would work; there is a possibility that more than the 20-30 patrons would appear
to use the facility at any given time. If space were not available, they would be congregating
outside. How would this work? Moran said they have not worked out all of the procedural
details at this time. Semrow asked what experience the Petitioner has with working with this
type of facility. Moran said none; he is a real estate broker.
Semrow expressed concerns regarding the lack of concrete information being provided by the
Petitioner. He also expressed concern for the adjacent neighbors with regard to noise nuisance,
music from the establishment and congregating of patrons on the premises while waiting to use
the facility or having complete using the facility.
Paula Ekstrom arrived at 8:05 p.m.
Lovett expressed concern regarding patron safety in getting to and from the roller park across
Route 31. Semrow said this should be addressed by the Petitioner inasmuch as one of the
Approval Criteria asks the Petitioner to state the proposed uses will not be detrimental to the
public safety either of the patrons or of the neighbors abutting this property. Moran said there
are other businesses in the area and this business will not cause any great safety concern in
the area. Semrow said kids will gravitate to this type of use and that is the concern of the
Board.
Howell asked the predominant age group who would use the facility and compare that with
� the predoininate age group which uses the existing roller rink next door. Moran said skate
boarding and roller blading is being done by children as young as 6 years of age through adult.
Howell asked where the concentration of age would be in comparison to the roller rink.
Howell asked that the Petitioner do some research regarding this issue.
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� ZBA-Roller Action Parks
10/6/9 7
Semrow asked how the outside park would be lighted and what direction would the light be
directed. Moran said the property would be lighted on the east end of the property with the
�" beams being directed toward the building.
QUESTIONS OF THE WITNESSES BY THE OBSERVERS
Bill Baczek: He stated he has serious reservations about security around the property. Where
will the fE�nce be located? How will the fence separate his property from the subject property
as far as a liability standpoint is concerned. He stated his property is located north of the
subject property. He stated he has two basic questions: 1) how will be parking be delineated
and will they have enough parking spaces and how will he be assured they will not spill over
onto his property to the north; 2) liability concerns regarding his property abutting the subject
property. Moran said the parking has been calculated and there will be adequate parking
facilities. The outdoor roller park will be fenced so that liability would be contained within
the subjec�t premises. Semrow asked how the subject property would be segregated from the
Just for F�an property if there is not fence between the two. Moran said there is a common
right of way between the two properties. There would be no fence separating the two
properties.
Rich Hudiera (903 N. Center St): How close to my property line will the outside roller park
be locatec�? My property is located directly east of the subject premises. After discussion with
regard to the question, it was determined the existing fence along the eastern property line will
not be changed. The roller park will not be placed any closer to the eastern property line than
the existing cyclone fencing. Hudjera asked how the Petitioner would prevent spectators from
,� standing or watching from his property. How would participants gain access to the outdoor
portion of the facility - would they have to come through the building?
Christensen said there could be a liability issue for the City. The 20 foot right of way along
the eastern property boundary is City property. Moran said the participants would have to
enter the outdoor facility through the building and not from the outside.
Ekstrom asked if Roller Action Parks is a franchise. Moran said it is not. Will users have any
input into the design of the structure. Moran said they will. Semrow asked Moran to disclose
the officer of the corporation, Roller Action Parks of America. Mr. Moran is Secretary-
Treasurer. Jamie Moran is Vice President. There is currently no President.
Rich Hudjera: Do any of these officers have any experience in operating a roller park? Moran
said no.
Lovett asked if the dimensions of the indoor and outdoor park are based upon skateboard
designers or based upon available size. Moran said it is based upon existing size. Howell
asked if the Petitioner felt the space was adequate to meet his needs. He expressed concerns
regarding adequate size to meet the needs of the skaters in the City. Moran said 10,000
square feet was on the small end of recommended areas for parks. Howell pointed out that
even the 10,000 square foot area is being cut in half - part inside, part outside.
Semrow said in watching the film, most facilities are outside arenas. The Petitioner is
� proposing a facility which is partially inside and partially outside. He has concerns that this
might not be the appropriate site for this use, especially since it would appear that more
information should be provided before a recommendation is made. Semrow asked for more
specific in�ormation regarding the actual facility and design of the structure. Meyer stated that
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• ZBA-Roller Action Parks
10/6/9 7
he has several questions which need answers as well. There are too many open issues. There
needs to be more meat to the plan before I can determine how I would vote on this issue. We
~" need someone with expertise who could give us some guidance and enlighten us with issues
which are unanswered at this point. Perhaps provide us with an architect's rendering of how
this woul�� be constructed. Howell said the exterior of the building is an eyesore - some
thought sf�ould be given to improving the external appearance of this structure.
Carol Chr sman: Film was provided to give you information with regard to the broad type of
park this would be. Even though the film showed outdoor parks, the type of roller park
erected or� this site would be a smaller scale because it would not be as large an area.
Since the Petitioner has indicated he would model his park after the Hoffman Estates Park,
McArdle suggested the Petitioner inquire at Hoffman Estates and secure a copy of the site
layout of their roller park.
Cheri Rickert: Allow one of these children to speak about roller park facility. Children need
to have a place to practice this sport. The risks of not having a designated area are greater
than those created by having the roller park in the City.
It was the consensus of the Board that more information be provided to the Board prior to a
recommendation being made to the City Council.
Tony Dvorzsak: I have taken many children in the neighborhood to other roller parks. I
understand all of your safety questions and concerns. We would like to do whatever we can
� to assist in educating this Board so that you can make a knowledgeable recommendation.
Chairman Semrow said, "there being no further testimony before this Board with regard to this
matter, the Board will consider the Petition at this time, unless there is a motion to recess by
a member of the Board."
RECESS THE HEARING
Motion by Cadotte, seconded by Christensen, to recess this hearing to Monday, October 27,
1997, 7:30 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 recessed at 10:05 p.m.
R ctfully sub itted,
�� Harry S row, Chairman
Zoning oard of Appeals
c: Zonirg Board of Appeals Members p),Plan Commission Members p),City Administrator,Planner,PW Administration,City Engineers,Aldermen
Refer��nce Copy,Petitioner,Observers/Objectors(4), B&Z Zoning File,Landmark Commission Chairman,Northwest Herald,Star Newspaper,
City c:lerk File Copy. Z-435
ZONING BOARD OF APPEALS
OCTOBER 6, 1997
CITY OF MCHENRY
�
IN THE MATTER OF THE APPLICATION OF ) Z-439
JOSEPH L. BONO FOR A TEXT AMENDMENT ) BONO
AND CONDITIONAL USE PERMIT )
PURSUANT TO THE ZONING ) 625 RIDGEVIEW DR
ORDINANCE OF THE CITY OF MCHENRY, ) TEXT AMENDMENT
MCHENRI' COUNTY, ILLINOIS. ) CONDITIONAL USE
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 October 6, 1997. Chairman Semrow
called the hearing to order at 10:12 p.m. The following persons were in attendance:
1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John
Howell, Chuck Lovett, Jon Meyer, Harry Semrow. Absent: None.
2. Attorney for Zoning Board: David McArdle.
�,, 3. Recording Secretary: Absent.
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: 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 al) 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. '
�
, . Page 2
� � ZBA-Bonc�
10/6/9 7
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
McHen ry:
1. Text Amendment-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 swore in the following witness for the Petitioner:
1. Joseph Bono, 2406 MarQuardt, McHenry, Illinois 60050.
Attorney Short provided a brief opening statement offering an overview of the contents of the
Petition. Bono stated he is proposing to build a high quality restaurant on Lots 3 and 4 of
Inland Business Park. The restaurant would serve Italian food and would have both dine in
and carry out service. This location was chosen because there is really not much available in
the way of restaurants on the south end of town. There is a market on the south end of
� McHenry. Bono stated the building would be about 5,000 square feet with a gabled roof. The
building exterior would be drive-it. The signage would be white illuminated neon. The
proposed site plan has been provided to the Board for review. The front of the building would
face Bull Valley Road, however, entrance to the facility would be from Ridgeview Drive. Bono
noted he would comply with all applicable codes and ordinances, including ADA
requirements. The business would be owned and operated by Mr. and Mrs. Bono.
Attorney Short asked the Petitioner to describe the type of live entertainment he is proposing
for this establishment. Bono said the entertainers would be similar to Frank Sinatra or Dean
Martin type performers and music. There are currently no plans for outside seating or dining,
although if the operation is successful, outside picnic tables might be installed.
QUESTIONS BY MEMBERS OF THE BOARD
Ekstrom asked the anticipated hours of operation. Bono said the dining room and bar side
would be 12 p.m. He said he may have morning hours for pastries, coffee, etc., and that he
may be open at 7 a.m. Restaurant hours would be 10:00 a.m. until midnight. Cadotte asked
if the bar would be open at 10 a.m. Bono said it would not.
Meyer asked for clarification as to the Petitioners request. Short said the Petitioner is seeking
a text amendment to include this type of use in Table 9, Group W, of the Zoning Ordinance.
He is also seeking a Conditional Use Permit to allow this type of use on the subject property
once the text amendment has been granted. Christensen asked why the text amendment is
�.- included in this Petition as opposed to being presented by the City for action. McArdle stated
Bono has requested the text amendment.
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� � ZBA-Bono
10/6/9 7
Cadotte asked why the Petitioner chose the Business Park for the site of his restaurant. Bono
� indicated there are no suitable locations going out of town east or west on Route 120. There
is not an appropriate location going north on Route 31. There is a similar type establishment,
a steak house, in a Business Park in Barrington. Bono stated he is modeling his restaurant idea
from the restaurant in Barrington, although there is a different motif and food types being
offered. 5emrow asked if alcoholic beverages would be sold as carry out. Bono said they
would not.
Meyer asked Attorney McArdle if this Petition could be brought forward by the Petitioner as
opposed to the City insofar as the Text Amendment is concerned. Meyer said the City is being
asked to change the ordinance with regard to allowing a restaurant having live entertainment
or dancing in the future for anyone seeking this Conditional Use. McArdle noted there is no
definition for "live entertainment" in the Zoning Ordinance; the City should consider clarifying
what is meant by "live entertainment".
Cadotte asked if there would be a bar in the facility. He asked if someone could go in, sit at
the bar, have a drink, without having food. Bono said this would be possible. Maggio
indicated this Conditional Use Permit request is for a restaurant serving alcoholic beverages
and having live entertainment or dancing and not strictly a bar. McArdle stated a future owner
could not use this facility as solely a bar. Semrow said if the primary use is a restaurant, with
an accessory use of a bar, the owner would have be in compliance with the zoning ordinance.
Meyer asked the seating capacity. Bono said there would be seating for 75. Meyer asked how
� many stools would be installed. Bono said the bar portion would also have seating for 75.
Semrow questioned if approximately 1/2 of the space in the facility would be for the bar and
dancing. Bono said that is correct. Christensen asked where the live entertainment would be
located. Bono said they would be on the west portion of the building. Carry out would be
located on the east side of the building. The steps shown on the site plan lead to an upper
level office over the kitchen area. All portions of the structure would have cathedral ceilings
except the kitchen area. Meyer said he calculated that approximately 100 parking spaces
would be required and only 64 spaces are shown on the site plan. Maggio stated based on
a 5,000 square foot restaurant, allowing for a net area of 85% of the gross floor area as
directed by ordinance, 85 parking spaces are required. Since a variance is not being
requested, the Petitioner would have to add additional parking spaces.
Lovett asked if outdoor tables were added, would a conditional use permit be required.
Maggio said the City has interpreted the ordinance to require a conditional use for outdoor
eating facilities. All elements of this proposed use would take place within the structure,
including the live entertainment, preparing and serving food, preparing and serving alcoholic
beverages. No outdoor use is being proposed at this time.
Semrow said the Petitioner has indicated he would share a drive with adjacent property owners
of Lots 1 and 2 of the Business Park. Would the curb cut be located on the Petitioner's
property. Bono said that is correct. McArdle said the easement agreement should be
addressed and should be a condition of this Petition being granted so that any potential new
�.. owner of this property has access to it. The property to the north which exits onto Ridgeview
will not k►e allowed a left hand turn onto Ridgeview, due to the boulevard median on
Ridgeview Drive. An easement agreement should be recorded to allow for cross access and
the City sN�ould be a third party beneficiary of that easement.
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• ZBA-Bona
10/6/97
- Christensen asked if there was a 300 foot setback from Bull Valley Road which was addressed
� when the hospital Petition was before the Board. Maggio said that was only for the Health
Care Distr�ict. McArdle said if there were such a restriction it would be included in the Inland
Annexation Agreement. Christensen said he thought prior to this hearing the restaurant was
being built to accommodate the people who worked in the Business Park. This has turned into
a full-blown restaurant in the middle of a major road in McHenry and it doesn't appeal to him.
Bull Valley Road is classified as an arterial. Short said he hopes the executives and employees
in the Business Park will be patrons. Semrow said the Petitioner is proposing an establishment
which wculd appeal to others than just the employees and executives of the Business Park.
Christensen said then why place it in the Business Park. Semrow said it would make sense in
this location when you consider the close proximity to the hospital campus.
Semrow said there will be a significant amount of truck traffic traveling in the Business Park.
How will you accommodate the trucks being able to safely pull in and park in order to take
advantage of your facility? Discussion ensued regarding how best to address the issue of truck
parking.
Cadotte said with regard to pastry sales in the morning, how much business is anticipated.
Bono said he could not answer that question at this time. He would not be competing with
local donut shops. He would offer Italian pastries. Christensen asked if he would be open for
business seven days per week. Bono said that is correct.
Cadotte expressed concern regarding the "live entertainment with dancing". He said he would
� like to limit the dancing so there would be no adult entertainment, i.e. go-go girls, etc.
McArdle said the definition of "live entertainment" should be clarified and delineated. IYs a
matter of phrasing it for the zoning ordinance as well as clarifying it for this specific Petition
and its request for Conditional Use. Maggio said the language being proposed for the text
amendment, namely, "restaurant service alcoholic beverages having live entertainment or
dancing" is being taken from the existing language in the ordinance which governs restaurants.
It is not meant to add any adult use. Lovett said the Zoning Ordinance currently does not list
a conditional use of a restaurant serving alcoholic beverages having live entertainment or
dancing in any section of it. These are two distinct issues: 1) serving alcoholic beverages; and
2) having live entertainment or dancing. Why are they proposing to have both of these items
permitted in one conditional use. Lovett said it should take two conditional use requests to
achieve this use being permitted in the Business Park rather than the one being proposed. The
Petitioner should have to seek a conditional use to allow a restaurant serving alcoholic
beverages, as well as a conditional use to allow a restaurant having live entertainment or
dancing.
General discussion followed as to how to prevent future adult uses as a part of live
entertainment in the Business Park should this Text Amendment be granted. The point was
raised that if the text amendment were granted, it may be easier to obtain a conditional use
permit to operate a restaurant serving alcoholic beverages and having live entertainment or
dancing, than for any potential business to do the same in the C-5 Commercial District. It was
the consensus of the Board that the proposed text amendment for the Table 9, Group W be
'.., consistent with the language of the ordinance as far as the same use in other districts. McArdle
noted tha� the Petitioner did not publish for two conditional uses. Christensen said the
Petitioner is still requesting both uses in his Petition. He should not have to re-publish.
-, Page 5
. ., .
" � '� ZBA-Bonc>
10/6/9 7
Following a lengthy discussion, it was the consensus that the Petitioner was in essence
� requestin�; both conditiona) uses be granted. Staff could work out technical details to assure
the langu:�ge conformity to the existing text of the ordinance.
Ekstrom noted that Dobyn's House had a similar situation - they served alcoholic beverages
and had live entertainment in the bar. What conditional use was granted to them? How was
that implemented at that time? McArdle said staff should look at how that was implemented.
Ekstrom asked if the Petitioner had considered having a meeting size room available for
daytime meetings and luncheons. Bono said that is a possibility.
RECESS
Motion by� Meyer, seconded by Christensen, to recess this hearing until Monday, October 27,
1997, at i:30 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 recessed at 11:20 p.m.
�
Respectfully submitted,
�`--,�� �l,�
Harry Se ow, Chairman
Zoning ard of Appeals
c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City
Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy,
Petitioner, B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star
Newspaper, City Clerk File Copy.
Z-439
L