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HomeMy WebLinkAboutMinutes - 7/22/1996 - Zoning Board of Appeals ' " ' ZONING BOARD OF APPEALS JULY 22, 1996 CITY OF MCHENRY IN THE MATTER OF THE APPLICATION ) `- OF APPLE SOUTH INC FOR A ) Z-409 CONDITIONAL USE PERMIT PURSUANT ) APPLE SOUTH TO THE ZONING ORDINANCE OF THE ) N RICHMOND RD CITY OF MCHENRY, MCHENRY ) COUNTY, ILL[NOIS. ) CONDITIONAL USE REPORT OF THE ZONING BOARD OF APPEALS TO THE CITY COUNCIL, CITY OF MCHENRY, ILLINOIS A hearing on the above-capdoned petition was held on July 22, 1996. Chairman Semrow called the hearing to order at 7:30 p.m. The following persons were in attendance: l. Zoning Board Members: Tom Burr, Randy Christensen, Frank McClatchey, Harry Semrow, John Swierk, Donna Tobeck. Absent: Chuck Lovett. 2. Attomey for Zoning Board: David McArdle. 3. Recording Secretary: Kathleen M. Kunzer. 4. Director of Building & Zoning: John A. Lobaito. � 5. Petitioners: Apple South Inc. represented by David E. Delamater, Hancock at Washington, Madison GA 30650-1304. 6. Attorney for the Peddoner: Steven G. English represented by Don Franz, 1 North Williams Street Crystal Lake Illinois 60014. 7. City Council Members: None. 8. Court Reporter: None. 9. Registered Observers/Objectors: 1. Larry and Sue McManus, 1504 North Richmond Rd McHenry Illinois. 2. Chrisdne Buss, 1416 N Richmond Road McHenry Illinois. 3. John Kuhl, 1416 N Richmond Rd McHenry Illinois. 4. Lawrence and Suzanne Treptow, 1502 N Richmond Road McHenry Illinois. 5. Mark Szumlas, 1411 N Richmond Road McHenry Illinois. 6. Anton Rebel, 4609 Maple Avenue McHenry Illinois. 7. Chris and Kim Bodishbaugh, 1509 N Richmond Road McHenry Illinois. 8. Patrick and Ann Wirtz, 1503 N Richmond Road McHenry Illinois. 9. Tim L. Wirfs, 3514 W Broad Street McHenry Illinois. 10. Celeste and Rich Mann, 3516 W Broad Street McHenry Illinois. 11. Gene Freund, 1501 N Richmond Road McHenry Illinois. `' 12. Marita Buss, 3514 W Broad Street McHenry Illinois. � Rage 2 � ZBA-Apple South 7/22/96 NOTIFICATIOIl `— Notificadon of this hearing was published in the Northwest Herald on July 6, 1996. The Publisher's Certificate of Puhlication is on file in the office of the City Clerk with regard to this matter. Notices were sent to all abutting properties via certified mailing. Return receipt cards have been submitted to the Office of the City Clerk and are on file with regard to this matter. The subject property was posted as required by ordinance. I..00ATION The subject propf;rty is located approlcimately 160 feet north of the northeast corner of the intersection of Route 31 and First Avenue McHenry Illinois 60050. SUMMARY The subject property is currently zoned C3 Community Commercial Zoning District. The Petitioners are seeking a conditional use permit to allow the construction and operation of a restaurant serving alcoholic beverages but without live entertainment or dancing. Fr. Burr made the following statement prior to the beginning of the presentadon by the Attorney for the Petidoners. Fr. Burr stated that he is the Pastor for St. Mary's Church which owns a cemetery which is directly across the street from the subject premises. He stated that at this time he is not sure whether he will be voting on this matter before the Board. TESTIMONY Chairman Semrow swore in the following witness for the Petitioners: `— 1.] David E. Delamater, Apple South Inc, Hancock at Washington, Madison Ga 30650-1304. Attorney Franz said the subject property is zoned C3 Community Commercial Zoning District. It is located just north of the intersection of Richmond Road and Washington Street in McHenry. The Petitioners are seeking a Conditional Use Permit to allow the operation of a restaurant facility serving alcoholic beverages on the site. Delamater said an Applebee's Restaurant is being proposed for this locadon. This would be a casual dining facility. There would be a children's menu. This would be a family restaurant. Applebee's tends to focus more on the food than alcohol. In most cases the net sales for a typical Applebee's would be comprised of 85% from food sales, 15% from alcohol sales. Delamater said he currently works out of the Elgin store which has been in operation since March of this year. The proposed seating capacity of the facility would be 165 seats. There would be no live entertainment or dancing. Delamater said the average age of the clientele would be 20-50 years of age. This would be targeted for family service. Delamater said he knows of no liquor-related problems at other Applebee's Restaurants. The training for the restaurant personnel includes the handling of alcohol. all employees are required to sign an alcohol responsibility statement. There are two infractions which would cause immediate dismissal from the company. They are: l. Serving alcoholic beverages to minors; 2. Serving someone an alcoholic beverages who is overly intoxicated. �. • Fage 3 ZBA-Apple South 7/22/96 The hours of operadon for the restaurant would be: `- 11 a.m. - 11 p.m. Monday through Thursday 11 a.m. - midnight Friday and Saturday 11 a.m. - 10 p.m. Sunday Delamater said there would be approximately 120-150 employees for this facility. The projected sales are $2.1 Million per year. The Crystal Lake store generates approximately $1.185 Million per year. There are approximately 500+ Applebee's nationwide. There are currendy 13 in the Chicagoland area, with stores number 14 and 15 projected to open by year's end. Apple South is a franchisee of Applebee's. Apple South is franchisee for approximately 210 Applebee's Restaurants, including the proposed McHenry store. The Crystal Lake store as well as 290 others, are operated by other franchisees. Attomey Franz went over the Approval Criteria for Conditional Uses as stated in the Peddon. OUESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD Chairman Semrow asked if all 500+ Applebees cunendy have a liquor license. Delamater said to his knowledge they do. Semrow said he had concems regarding discrepancies in the testimony. If this is to be a family restaurant, how can they target an age group of 20-50? Delamater said most parents are between the ages of 20 and 50. Semrow asked the size of the facility in relationship to the Crystal Lake store. Delamater said it will seat approximately 10-20 fewer patrons. Semrow asked if the company has a policy with regard to the ages of the server of alcoholic beverages. Delamater said the company requires an 18 year old minimum, in compliance with the state statutes. If the City is more restrictive, `- the company would comply with City ordinances. Semrow asked how the company tests for responsibility in serving alcoholic beverages. Delamater said the server is required to card any individual who appears to be less than 30 years of age. He explained the green zone (okay to serve), yellow zone (beginning to be talkative and happy, advise management), and red zone(inebriated, unable to drive, advise management, possibly arrange for transportation to their home). Semrow asked if an employee violates the company's liquor policy will they be terminated. Delamater said they would. Delamater was also asked if there was a corporate policy regarding the three zones and alcohol consumption and if this policy was in writing. Delamater said it was. He said that the written policy was not brought in for presentadon to this Board. Semrow commented that he had received unsolicited information that the corporate policy concerning the carding of persons who are clearly under the age of 30 is not followed at the Applebee's location in Ames, Iowa, a college town, where Semrow believes such a policy would be stricdy enforced. Semrow said his source was awaze of minors being served there regularly without challenge. Delamater said he would bring this to the attention of his supervisors. McClatchey asked if the proposed decor would be like that of the Crystal Lake store. Delamater said that is correct. McClatchey asked if parking concems have been addressed. Lobaito said there is a cross-easement agreement in place which more than adequately addresses the parking for this project. Christensen asked if the exterior of the building would be the same as the Crystal Lake store. Delamater said that is correct. Christensen asked if there would be any alcohol purchased to go. Delamater said there would not. �-' Semrow asked for clarification regarding paragraph 9E of the Petition. He asked the Petitioner to explain how the proposed restaurant serving alcoholic beverages would not cause safety concems to patrons and reside�rts in the neighborhood. Franz said that there would most likely not be any more - Fage 4 ZBA-Apple South 7/22/96 traffic generated in the area if the conditional use were granted. A restaurant is a permitted use in the � C3 District. Semrow asked the Petidoner to explain the recruitment requirements for employees. Delamater said prior to hiring site managers, their criminal records are checked, their stability is verified. They must have at least 5 years of management experience in the restaurant business, at least 3 years at a single location. Delamater said that he has been part of management for only a few years. Swierk expressed concern that the restaurant could sell out to a bar and the City could end up with a nightclub at this location. Lobaito explained that the conditional use permit being sought is for a restaurant serving alcoholic beverages, not for a bar or tavem. Only a restaurant would be permitted, even if Applebee's were to sell out to someone else. Burr asked if every Applebee's has a liquor license? Delamater said to his knowledge they do. Burr asked if there is a plan in the event the conditional use permit is denied and a liquor license is not granted. Franz said the contract he has before him is contingent upon obtaining a liquor license. OUESTIONS OF THE PETITIONER BY OB (' ORS � McM��i How many employees would there be? Delamater said there would be 120-150 employees; there would be approximately 40-50 fulltime employees. McManus asked how many of the employees would be McHenry residents. Delamater said that they would hy to make sure that most of them would be from a 15 mile radius of the store. McManus asked if the exterior lighting would be the same as that of the Crystal Lake store. Delamater said they would follow the requirements of the �-- ordinance. McManus said that he finds it difficult to believe that you could put up a restaurant serving 165 people at one dme and it would not change the character of the residential neighborhood. Celeste Mann: She asked that a conditional use permit be defined. Semrow explained that certain uses are permitted by right in a zoning district. Other uses require that a conditional use permit be granted before they can be operated in a given district. In this case the required zoning is present on this property. However, the Petitioners are required to obtain a conditional use pemut prior to being able to operated a restaurant serving alcoholic beverages. If Applebee's was not seeking a liquor license, they would not need a conditional use. Mann asked if any adjacent residential property has been sold to Apple South. Delamater said the facility would be operated on a land lease with the properly owner. Apple South has not purchased any property at this locadon. Lawrence Tre ow• Do other Applebee's normally build in a residential area? Delamater said that traditionally they are located in shopping areas adjacent to residential neighborhoods. Treptow asked if the Petitioner is aware of any problems due to liquor being served? Delamater said he is not aware of any. Tobeck asked if Applebee's would consider stricdy a beer and wine liquor license. Delamater said he dces not believe that would be satisfactory. He said he does not believe Applebee's would come in with only a beer and wine license. Mark Szumlas: There is a school on route 31 not far from this property. Would the serving of alcohol `- cause any possibility of traffic-related accidents? Delamater said the possibility of increase in traffic accidents would bc� minimal. Aage S ' ZBA-Apple South 7/22/96 CLOSINC STATEMENT BY PETITION�RS �. Attomey Franz said the Petitioners are requesting that the Zoning Board recommend approval of the granting of a condidonal use permit for the subject property so that the Petidoners would be allowed to operate a restaurant serving alcoholic beverages. The training by the company as far as alcohol responsibility is stringent. If the City is going to have a restaurant at this location, Applebee's is a good choice. STATEMENTS BY OBJE TORS Chairman Semrow swore in the following Objectors prior to statements being made before the Board: 1• Larry McManus, 1504 North Richmond Road McHenry Illinois 60050. 2. Lawrence Treptow, 1502 North Richmond Road McHenry Illinois 60050. 3. Celeste Mann, 3516 West Broad Street McHenry Illinois 60050. 4. Rich Mann, 3516 West Broad Street McHenry Illinois 60050. �rry McManuc� "About 5 years ago I tried to get permission to get a sign in my front yard. I was turned down by the City. The site for this zoning hearing was not posted - I did not see the sign. I don't want a bar down the street from me. I don't want the lights. I don't want the traffic. Most of us do not want Applebee's at this location. We would like to know what is planned for my block. I don't want further development. I don't want a bar in my neighborhood." Lawrence Tre�towi "I am concemed about the alcohol and the safety of my children. I have seen many accidents in this area. With alcohol in the picture, it will be even worse. I don't want to see my house depreciate in value. I don't want my children hurt by drivers who have had too much to drink at `- Applebee's." Celeste Mann: "A couple of statements cause me great concern. Traffic flow in the City is of concem to me. There is only one major north-south artery - Route 31. There is one east-west artery - Route 120. Everyone travelling to Route 120 from the north must travel Route 31 and go through a residential area. We have a cemetery across the street from the proposed location of the restaurant. Applebee's clientele will not be happy when they are held up by a funeral procession into the cemetery. Nor will the clientele be happy when they are held up by children crossing the street with the crossing guard or by the school buses entering or leaving the school lot. For a condidonal use to be approved, it should fit in harmoniously with the neighborhood. This use would add traffic to this residential area that is already busy with traffic. Anyone living in the area knows that it is almost impossible to leave one of the side streets and turn left onto Route 31 at this point. It will only get worse if this restaurant is built on this site. There is a historical site in this area that should be protected. On the corner of Richmond and Broad is the former Miller homestead. You violate one of the conditions when you put a restaurant in this area if you change the historical characteristics of the neighborhood. You risk the lives of our children and the senior citizens who reside in this area by putting a restaurant at this location. Our children are our best natural resource and we need to protect them." Rich Mann: "There is a school on Washington Street as well as the one on Richmond Road. When someone is going south on Richmond Road and they get caught in traffic, the tendency is to cut through on Washington Street in order to get to Route 120. There are always children in the street on Washington Street, especially in front of the school. From 8 am until 3 p. there are always children `- there in front of the school. There are also children in front of the school on Richmond Road during this same time period. People will drink their two martini lunch and then be on their way endangering the lives of our ch ildren and the elderly of our neighborhood. At least 55% of the population in ow - Page 6 ' ZBA-Apple South 7/22/96 area is elderly who walk everywhere they go. They do not drive. You put their lives at risk when you \.- allow people whc� have been drinking to drive through our neighborhood." Chairman Semrow said, "there being no further testimony before this Board with regard to this Petidon, the Board will consider this matter at this time, unless there is a modon to recess by a member of the Board. There being no modon to recess, the Chair will entertain a modon with regard to this Pedtion." DELIBERATION AND RE (�MMENDATION Motion by Swierk, seconded by Christensen to recommend to the City Council that the Petitioners request for a Conditional Use Permit to allow the construction and operation of a restaurant serving alcoholic beverages but without live entertainment or dancing be granted; and that the Approval Criteria for Condidonal Use, Table 31, page 357-358 of the Zoning Ordinance, have been met. Voting Aye: McClatchey. Voting Nay: Christensen, Semrow, Swierk, Tobeck. Not Voting: None. Abstaining: Burr. Absent: Lovett. Motion failed 1-5, the abstention going with the majority. The recommendation to the City Council will be that this Conditional Use Permit be denied. `— ADJOURNMFNT Motion by Christensen, seconded by McClatchey to adjoum this hearing. Voting Aye: Burr, Christensen, McClatchey, Semrow, Swierk, Tobeck. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Lovett. Modon carried 6-0. This hearing was adjourned at 9:07 p.m. Respectfully submitte Harry Se , Chairman Zoning Board of Appeals c: Agenda, Zoning Board of Appeals('n,Plan Commiasion(7)>City Administrator, Public Works Adminietration (4),Petiflonera, Otrjecrors(12), qidermen Reference Copy,Building 8c Zoning File,Iandmark Commisaion Chairman,Northweat Herald,McHenry Star News,City Gedc File. Z-409 ��