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Home My WebLink AboutMinutes - 6/2/1997 - Zoning Board of Appeals ZONING BOARD OF APPEALS JUNE 2, 1997 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) HOME STATE BANK TRUST NO. 4362 UNDER ) Z-424 TRUST AGREEMENT DATED NOVEMBER 17, 1995 ) AND BERNARD M. MATCHEN AND MARLENE E. ) Matchen MATCHEN, FOR A CONDITIONAL USE PERMIT ) 4405 W. Elm St PURSUANT TO THE ZONING ORDINANCE OF ) THE CITY OF MCHENRY, MCHENRY COUNTY, ) Conditional Use Permit 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 June 2, 1997. Chairman Semrow called the hearing to order at 7:35 p.m. The following persons were in attendance: 1. Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John Howell, Chuck Lovett, Harry Semrow. Absent: Jon Meyer. � 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioners: Bernard and Marlene Matchen, 3808 West Maple Avenue, McHenry, Illinois 60050. 7. Attorney for Petitioners: Cowlin & Cowlin, represented by James Cowlin, 4108 West Crystal Lake Road, P.O. Box 520, McHenry, Illinois 60050. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: None. 10. Objectors: None. NOTICE OF PUBLICATION Notice of this hearing was published in the Northwest Herald on May 8, 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 abutting property owners and the subject property was posted with a sign as required by City ordinance. Affidavit of compliance with regard to notification requirements is on filE� in the office of the City Clerk. - - Page 2 ZBA-Matchen 6/2/9 7 LOCATION OF THE SUBIECT PROPERTY The subject property is located at 4405 West Elm Street, McHenry, Illinois, 60050 and is �' currently roned C-5 Highway Commercial Zoning District, and is the location of Bernie's Garage and Diner restaurant. SUMMARY The Petitioner is requesting that the subject property be granted a Conditional Use Permit to allow for the operation of a restaurant serving alcoholic beverages but without having live entertainment or dancing. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Bernard Matchen, 3808 West Maple Avenue, McHenry, Illinois 60050. Attorney Cowlin stated that the Matchens are the 100% beneficial owners of Home State Bank Land Trust No. 4362. The property in question is the location of Bernie's Garage and Diner restaurant. Cowlin provided the surrounding property uses for the Board. Cowlin stated that the request before the Board is for a Conditional Use Permit to allow the operation of a restaurant serving alcoholic beverages. The Petitioners are seeking a liquor license for the sale of beer and wine only. Matchen said the normal business hours are 11 a.m. until 9 p.m. seven days each week. He is not proposing to expand his hours of operation. He would not change his business � operation. There would be no sit-down bar. Matchen said he is hoping to offer beer and wine to the menu, which is predominantly blue plate specials, sandwiches, and fish fry. Cowlin went over the Approval Criteria for Conditional Use Permits as stated in the Petition. QUESTIONS BY MEMBERS OF THE BOARD Christensen asked if Pizza Hut sells alcoholic beverages. Matchen said that is correct. Christensen asked if there are other restaurants in the area in which alcoholic beverages are served. Matchen noted that Village Squire and Peking China (China Buffet) also serve alcoholic beverages. Lovett asked the Petitioner if he has any experience running an establishment which serves alcoholic beverages. Matchen said he does not. However, there would be no bar. Only beer and wine would be served on the premises. Semrow asked if the Petitioners had any intention of just serving alcoholic beverages, or would most sales of alcoholic beverages be in conjunction with the sales and serving of food. Matchen said that the sale of alcoholic beverages would mostly be in conjunction with the sale of food. Cadotte said the Bernie's Garage and Diner is a fine family establishment and he would have no problem with the sale and serving of beer and wine on the premises. Lovett asked if the Petitioners would maintain the family atmosphere is the conditional use were granted. Matchen said nothing would change. Lovett asked if there would be a possibility of closing � the restaurant for private parties upon occasion. Matchen said he was not contemplating accommodating private parties. • , - Page 3 ZBA-Matclien 6/2/97 CLOSING STATEMENT BY PETITIONERS � Attorney C:owlin said the Petitioner has indicated that he would continue with the operation of his family establishment if the conditional use permit to allow the sale of beer and wine on the premises is granted. The serving of alcoholic beverages would not change the atmosphere of his establishment. Cowlin asked that the Board consider the Petitioners request for a Conditional Use Permit to allow the operation of a restaurant serving alcoholic beverages. but without live entertainment of dancing. Chairman Semrow said, "there being nothing further before this Board with regard to the Petition, the Board will consider the Petition at this time 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 the Petition." DELIBERATION AND RECOMMENDATION Motion by Cadotte, seconded by Lovett to recommend to the City Council that the Petitioner's request for a Conditional Use Permit to allow the operation of a restaurant service alcoholic beverages, but without having live entertainment or dancing be granted; and that Table 31, the Approval Criteria for Conditional Uses, page 357-358 of the Zoning Ordinance, have been met. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Semrow. Voting Nay: None. Not Voting: None. � Abstaining: None. Absent: Meyer. Motion carried 6-0. Chairman Semrow said "there being nothing further before this Board with regard to the Petition, this hearing is adjourned at 7:48 p.m. Respectfully submitted, � Harry row, Chairman Zoning Board 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-424 � a . _ ZON I NG BOARD OF APPEALS JUNE 2, 1997 CITY OF MCHENRY � IN THE MATTER OF THE APPLICATION OF ) Z-428 MCHENRY-ELLIOTT L.L.C. FOR A CONDITIONAL ) McHenry-Elliott L.L.C. USE PERMIT, PURSUANT TO THE ZONING ) 1767 N Richmond Rd ORDINANCE OF THE CITY OF MCHENRY, ) MCHENRY COUNTY, ILLINOIS. ) Conditional Use Permit 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 June 2, 1997. Chairman Semrow called the hearing to order at 7:54 p.m. The following persons were in attendance: 1 . Zoning Board Members: George Cadotte, Randy Christensen, Paula Ekstrom, John Howell, Chuck Lovett, Harry Semrow. Absent: Jon Meyer. 2. Attorney for Zoning Board: David W. McArdle. 3. Recording Secretary: Kathleen M. Kunzer � 4. Director of Building & Zoning: John A. Lobaito. 5. City Planner: Phillip Maggio. 6. Petitioners: McHenry-Elliott L.L.C. represented by broker Daniel Bailey, 533 Ashland Avenue, Chicago Heights, Illinois 60411. 7. Attorney for Petitioners: None. 8. City Council Members: Alderman Andrew Glab. 9. Court Reporter: None. 10. Objectors/Observers: 1 . S. Schultz, 3609 Drake Court, McHenry, Illinois 60050 2. B. Dumez, 3610 Drake Court, McHenry, Illinois 60050 3. Curt and Donna Pepe, 3609 Cornell Court, McHenry, Illinois 60050 4. Randy and Gail Coonce, 3611 Cornell Court, McHenry, Illinois 60050 5. Martin and Judith Knutilla, 3610 Bradley Court, McHenry, Illinois 60050. NOTICE OF PUBLICATION � Notice of this hearing was published in the Northwest Herald on May 15, 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 abutting property owners and the subject property was posted with a sign as requirec� by City ordinance. Affidavit of compliance with regard to notification requirements ' � ` Page 2 ' ZBA-McH��nry/Elliott 6/2/9 7 is on file in the office of the City Clerk. �' LOCATION OF THE SUBIECT PROPERTY The subjec:t property is located at 1705-1787 North Richmond Road, McHenry, Illinois, 60050 and is currently zoned C-3 Community Commercial Zoning District. The proposed location of Star Cleaners is 1767 North Richmond Road, McHenry, Illinois 60050. SUMMARY The Petitioner is requesting that the subject property be granted a Conditional Use Permit to allow for the operation of an on-site dry cleaning establishment. TESTIMONY Chairman Semrow swore in the following witnesses for the Petitioner: 1) Daniel R. Bailey, broker for Location Finders. 2) Mr. Song, agent for the instalfer of the dry cleaning equipment and machinery owned manufactured by K & E Machinery of Lockport. Attorney McArdle asked for clarification with regard to the names of the partners of the McHenry-Elliott L.L.C. Mr. Bailey stated the four partners are Michael Rose (approximately 12%); Jim Elliott (approximately 35 %); Tim Rose (approximately 26 %); and Steve Panko (approximately 26%). Bailey said that Tim Rose is the managing partner. Mr. Bailey stated that the shopping center would like to lease space to Star Cleaners for the � operation of an on-site dry cleaning establishment. Star Cleaners is a small family-owned dry cleaning business. The Shins own the business. Following general discussion, it was the determination of the Board that the owners of the business, Mr. and Mrs. Shin, must be present to provide testimony with regard to their business operation. McArdle said the Petitioners must be present to respond to questions posed by members of the Board. The Board noted that the following concerns will be brought up for clarification when the Petitioners are present: 1] Do the Petitioners operate more than one dry cleaning establishment? They will be asked to provide information regarding other sites. 2] Is there training provided for employees to meet OSHA requirements? 3] Provide information regarding environmental nuisance in more detail than that which is included in the Petition . 4J Provide information regarding public safety and health concerns in more detail than that which is included in the Petition. 5] Provide a key to the site plan layout. 6] Provide as-built survey indicating exact location of this site on the subject property. 7] Provide a copy of the lease. 8] Provide material safety data sheets on any chemicals used in the process. Mr. Bailey asked that he be provided with a list of the Objectors present for this hearing so that � he could forward a copy of the proposed site plan to them. � � � Page 3 ' ZBA-McHenry/Elliott 6/2/97 Chairman Semrow said, "there being nothing further before this Board with regard to the Petition, tf�e Board will consider the Petition at this time unless there is a motion to recess by �` a member of the Board." RECESS Motion by Christensen, seconded by Lovett to recess this hearing until Monday, June 16, 1997, 7:30 p.m. Voting Aye: Cadotte, Christensen, Ekstrom, Howell, Lovett, Semrow. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Meyer. Motion carried 6-0. This hearing will reconvene on Monday, June 16, 1997 at 7:30 p.m. Chairman Semrow said "there being nothing further before this Board with regard to the Petition, this hearing is recessed at 8:36 p.m. Respectfully submitted, `.. Harry S row, Chairman Zoning Board of Appeals c: Zoning Board of Appeals Members (7), Plan Commission Members (7), City Administrator, Planner, PW Administration, City Engineers, Aldermen Reference Copy, Petitioner, Objectors (5), B & Z Zoning File, Landmark Commission Chairman, Northwest Herald, Star Newspaper, City Clerk File Copy. Z-428 �