HomeMy WebLinkAboutMinutes - 1/9/1995 - Zoning Board of Appeals ZONING BOARD OF APPEALS
JANUARY 9, 1995
CITY OF MCHENRY
� IN THE MAT7'ER OF THE APPLICATION )
OF PARKWAY BANK AND TRUST ) Z-391
COMPANY, TRUST NO. 9644, AND ) PARKWAY BANK & TRUST
CHEERLEADERS SPORTS BAR AND ) TRUST NO 9644
GRILL INC, FOR A CONDITIONAL ) AND
USE PERMIT, PURSUANT TO THE ) CHEERLEADERS SPORTS BAR & GRILL
ZONING ORDINANCE OF THE CITY ) 4400 W ELM ST
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 January 9, 1995. Chairman Semrow called
the hearing to order at 7:32 p.m. The following persons were in attendance:
l. Zoning Board Members: Randy Christensen, Emil Kleemann, Chuck Lovett, Frank
McClatchey, Harry Semrow, Donna Tobeck. Absent: John Swierk.
2. Attorney for Zoning Board: Kelly A. Cahill.
3. Recording Secretary: Kathleen M. Kunzer.
4. Director of Building & Zoning: Absent.
� 5. Petitioner: Cheerleaders Sports Bar & Grill represented by
Aldon Marciniak, 2219 W Fairview Ave Johnsburg IL 60050
Daniel Marciniak, 2219 W Fairview Ave, Johnsburg IL 60050
Brian Miller, 1619 N Draper Road, McHenry IL 60050.
6. Attorney for the Pedtioner: None.
7. City Council Members: Mayor Steve Cuda, Alderman Greg Bates, Alderman Terry Locke.
8. Court Reporter: None.
9. Registered Observers/Objectors:
1. Arthur & Charlaine Tiffany, 4411 W Home Ave McHenry IL 60050
2. Kenneth Miller, 1506 N Ramble Rd McHenry IL 60pS0
3. George Heuer, 4508 W Home Ave McHenry IL 60050
4. Aleen Tiffany, 4411 W Home Ave McHenry II. 60050.
NOTIFICATION
Notificadon of this hearing was published in the Northwest Herald on December 15 1994. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this
matter. All abutting property owners were nodfied of these proceedings. The subject property
was posted as required by ordinance.
LOCATION
The subject property is located at 4400 West Elm Street at the site of the former Spurgeon's
�. Department Store. The properiy is currently zoned C-3 Community Commercial Zoning District.
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� SUMMARY
The Petitioners are requesting that the subject praperty be granted a conditional use permit to allow
the operadon of a sports bar and grill dance club w�th novelNes including live entertainment.
TESTIMONY
Chairman Semrow swore in the following witnesses for the Petitioners:
1) Aldon Marciniak, 2219 W Fairview Ave Johnsburg IL 60050;
2) Daniel Marciniak, 2219 W Fairview Ave, Johnsburg IL 60050;
3) Brian Miller, 1619 N Draper Road, McHenry IL 60050.
The Petitioners said they would respond to quesdons by members of the Board and that there was
no presentation on their behalf other than the Pedtion which is before the Board.
QT3ESTIONS OF THE PETITIONERS BY MEMBERS OF THE BOARD
McClatchey asked what the Peddoners meant by "novelties". Miller said that would be pool
tables, indoor mini golf, indoor volley ball, and other indoor games. McClatchey asked the
proposed hours of operation. Al Marciniak said the hours would be approximately 4 p,m. to 1.
a.m. during the week. McClatchey asked if the live entertainment would be a band or a D.J.
Miller said some nights would be a D.J, and weekend nights, there would probably be a band.
Christensen asked if Exhibit E and Exhibit F are just alternadves for the site. Miller said that is
conect. At this time, the Petitioners are not sure which plan will be followed as to the inside of
the premises. Christensen asked if there would be fashion shows. Miller said that they would do
nothing which would be against city ordinance or violate the codes of the City.
� Tobeck asked the hours of operadon on the weekends. Marciniak said it wauld be 4 p.m. to 2
a.m. on Friday and Saturday. Sunday would be Il a.m. until 1 a.m.
Kleemann asked if the Petitioners had operated a sparts bar before. Marciniak said the former
location of Cheerleaders at Riverside and Elm Streets which burned down approximately 3 and one
half months ago was a sports bar. Marciniak said they managed that facility for 3 years and it
was always as a sports bar. The same hours of operation are being proposed at this locadon as
was in place at the former location. Miller said that in the three years of Cheerleaders being open
at the former location, there was not one complaint, service to minors, or fight which required
police assistance on the premises. Miller said the proposed sports bar is basically the same type
of operadon as that which took place on Riverside Drive. Miller said there would be more room
at the proposed locadon and better parking access than was available on Riverside Drive. This
is not a new business in town. It is an expansion and relocation to a larger facility.
Lovett asked the distance from the outermost wall of the proposed site to the nearest residential
property line. Miller said it is approximately 75 feet.
Semrow said there is a disdnct difFerence in character of the surrounding neighborhood of the
proposed site as compared to the former location. In the former location, some of the
neighboring basinesses were closed by 7 p.m. At the proposed location, there are businesses
which will remain open during the same hours that the bar would be open. Semrow asked if the
Petitioners could foresee a potential problem in this area. Miller said that it would be an asset
to this neighborhood having a business at this location as opposed to the vacant storefront which
is there now. Semrow said that between the location of the proposed bar and the photo shop there
is an open air area. Semrow asked if the Petitioners would be leasing this open air area as well
as the inside of the former Spurgeons store. Marciniak said it is a part of the lease. Miller said
� the lease will not be signed unless and until the conditional use permit is granted. Currently the
Petitioners are nc►t proposing any type of beer garden outside of the building. Semrow asked if
there was any pr��posal to illummate the dock area at �the rear of the building and the open space
to the north of the building. Miller said the Petitioners are asking the landlord to provide security
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� lighting in these areas. Semrow asked if there would be pedestrian access from the rear of the
building to the front of the building through this open space. Miller said it would be possible for
patrons to walk from the back of the building to the front entrance. Miller said the Petitioners
could talk with the landlord about putting up some kind of barrier between the two buildings in
order to limit access to the front of the building in this area. It may not be possible becanse of
the patrons to other businesses in this area who may use this pedestrian access way. Semrow
asked if the Petitioners had ever operated a similar sports bar facility before with these indoor
novelties. Marciniak said the only experience they had was Cheerleaders at the former location.
Because the facility was not as large, there was a limit to the dart games, etc. which could be
utilized in that facility.
Semrow said he had some quesdons regarding paragraph 9 of the Petition which addresses the
Approval Criteria for Conditional Uses. Specifically, sub-paragraph 9(b) addresses the adverse
impact of naise on the surrounding neighborhood. Semrow said that there may indeed be a
problem with noise in light of the live entertainment, volley ball games, etc. The stage is set up
m such a way that the sound from a band or D.J. would be projected to the western-northwestern
property line. Semrow asked how the Petidoners intended to contain the noise. Miller said they
would use standard practices to contain the noise. There is an Industrial Park to the north of this
site, and the noise attributed to that park is much more than would be attributable to the proposed
bar. Miller said if the city deems that the noise from this use is too loud, the Petitioners would
have to find a way to conta�n it. Miller said this is a block building which would provide good
insulation as far as noise is concerned. He pointed out that there is a second wall along the
western wall of the building where the restrooms, etc are located. This should provide an
additional buffer for the residents to the west and northwest.
Lovett asked which direction the main entrance to the building faced. Miller said the entrance
L-- faces the east. Lovett asked which direcrion the proposed stage faces. Miller said the stage would
face the northwest corner of the building.
Semrow asked what t�pe of ceilings are in the building. Miller said part of the ceiling is a drop
ceiling and part of it is bar joists. Semrow asked if there is any matenal which could be used for
sound deadening purposes as far as the ceiling is concerned. Marciniak said acousdcal tile could
be used. Semrow asked how far the ceiling is suspended from the roof structure. Miller said in
one area it is about 8 feet and in the rest of the area, the ceiling is adjacent to the roof structure.
In the area where the band would be located there is a bar joist ceiling the area where the sound
would project to would be a suspended ceiling.
Semrow asked how many patrons could be seated in the facility if it were filled to capacity.
Miller said the capacity of the building is 300. It is not known if they would ever reach that
capaci�, however. Semrow asked the andcipated number of patrons during the course of the week
as wel as on the weekend. Marciniak estimated that there would be 40-50 patrons per night
during the week (Monday through Thursday). There would be approximately 150-200 patrons each
night on the weekend. Semrow asked if the Petitioners anticipated any parking difficulties.
Marciniak said there should be ample parking for their needs. Semrow said he is curious as to
the parking adequacy. Miller said that in the last 3 - 3 1/2 years he has driven by this location
on a regular basis and he has never noted that the parking lot has been filled to capacity. Miller
said that this business would not put an undo burden on the parking for existing businesses in this
shopping center.
Lovett asked if the Petitioners had conducted any sound travel testing of this site. He asked if
there had been a study done as to how this proposal would impact the residential neighborhood
� which abuts it. Miller said that no tests had been conducted.
Christensen aske�i if there had been a kitchen at the former location of Cheerleaders. Miller said
there was a limit�:d kitchen. Marciniak said they sdll have a liquor license, but they have no place
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� to use it at the present dme. They have been out of business for three and one half months due
to the fire at the former location. Christensen said the women's restroom is located upstairs.
There appears to be no second exit for emergency purposes. Have the Petitioners given any
consideration to a second exit from the mezzamne area? In view of the fact that there could be
as many as 300 patrons at a given time, there could be as many as 75-100 women in line to use
the restroom. There should be a second means of egress from the second floor. Miller said the
Pedtioners are working around the facility as it was structured. In this portion of the building was
a beauty salon when Spurgeon's occupied this site. Christensen said there would not be as many
users of a bathroom facility for a department store or beauty salon as there would be for a bar
especially in light of the capacity of the facility to hold 300 patrons.
Tobeck asked how often they would provide live entertainment? Marciniak said there would be
live bands primarily on the weekends with a D.7, during the week. Miller said there have been
discussions with a restaurant in town who is interested in catering banquets in this facility if they
choose to put in a banquet room in a portion of their leased space. This would be in the north
section of the facility. The banquets would be catered by a local restaurant. Miller said they
could hold banquets for such things as bachelor parties, bachelorette parties, bar mitzvahs, etc.
Miller said that they are really not sure exactly what they will do with the entire area of the
facility. They are �ust in the preliminary draft stage. What has been presented to the board as
Exhibit E and F.xhibit F are merely conceptual plans. Exact plans are not known at this time.
They would like to do whatever they can to assure that they can meet the expenses of the
establishment.
Semrow said if a portion of the facility is used as a banquet facility, would it be used only for
special occasions/events, such as weddings, etc. Or would this portion of the facility be used on
a regular basis as well. Miller said the banquet portion would only be used for special events,
� not on a daily basis. Semrow asked if the banquet facility would be used only dunng the regular
bar business hours, or would there be dmes when the banquet facility would be used and the bar
would not be open? Miller said that there may be times when the banquet facility would be in
use other than during the regular business hours of the bar.
QUESTIONS OF THE PETITIONERS BY OBJECTORS/OBSERVERS
Aleen Tiffanv: The capacity of the proposed facility is 300 patrons. What was the capacity of
Cheerleaders at its former location? Marcmiak said it was approximately 100. Tiffany said that
with regard to paragraph 9(c) of the Pedtion, how would the proposed establishment fit in
harmoniously with the exisdng residential neighborhood which abuts it? How would the increased
traffic flow, noise and clientele fit in harmoniously in the residential neighborhood? Miller said
that the petitioners would comply with all requirements of the ordinance. Tiffany asked where the
entrance to the facility would be located. Miller said the entrance to the facility and the parking
for the facility would be located in front of the building, on the east side af the structure. Tiffany
said there is currendy parking located not only on the east side of the building (in front of the
building), but to the north and west of the building (at the rear of the building) as well. Tiffany
said there is an entrance to the rear parking lot at the northwest corner of the building. What
effect would there be on the residential neighborhood with a live entertainment establishment in
this area? What will be the effect on the neighborhood of patrons coming and going to and from
this establishment through the open space area between the buildings. Some patrons may use the
parking spaces to the north and west of the building. How will the neighborhood be affected by
rowdy patrons leaving late at night, or early in the moming, being loud and rowdy, speaking fowl
language? What will prevent patrons from walking into the residential neighborhood in an
inebnated state when they leave the establishment? Miller said that the Petitioners would be
willing to work with the landlord to provide security lighting. It may be possible to find a way
`.. to block off this open space so that there is no access direcdy to the rear of the building. This
may prevent or Preclude patrons from using those parking spaces and decrease the probability of
infringement on the neighborhood. Tiffany asked if there has been a study compiled as to the
Possible impact c►n property values in this area as a result of this use being granted. Miller said
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1//9/95
� no study has been done. However, several spaces in this shopping center have been vacant for
a long period of time. Putting in a business where there has been a vacant store front should not
decrease the surrounding property values. Residents would prefer to live in a neighborhood where
there are businesses prospenng rather than vacant store fronts.
Semrow asked if the subject property has a common property line with the Tiffany property at
4411 West Home Avenue. Tiffany said that is conect.
Kenneth Miller: Traffic congesdons has become a big issue in the past four years. with the
introduction of The Spot into this shopping center, there has been a great increase in the traffic
flow in the area. How do the Petitianers plan to minimize or decrease the traffic congestion in
this area? Brian Miller said there are speed bumps at the rear of all of the buildings in the
shopping center. The speed bumps tend to cut down the speed of the traffic and to decrease the
amount of cars going through the rear of the property. Ken Miller asked if it would be possible
to eliminate parking at the rear of the buildings at least after about 10 p.m. in order to minimize
or even eliminate milling around of patrons at the rear of the building. Brian Miller said that
could be considered. He stated that the Petidoners have requested that secwity lighdng be installed
in the open space area in order to discourage loitering and milling abont of patrons and yoath.
Ken Miller said if there would be a beer garden on the site, would that have to be made a part
of the request in this Petidon? Or would the Peddoners be required to come back to the City in
order to put in a beer garden? Brian Miller said he thought that they would have to come back
to the city for such a use to be implemented.
Chairman Semrow called for a recess at 8:28 p.m. The hearing reconvened at $:40 with all still
in attendance.
�' Semrow said that if the Pedtioners wanted to conduct any of their business outside of ihe building,
they would be required to seek a variance from the city. The Zoning Ordinance specifies that all
business must be conducted wholly within enclosed structures.
Christensen said that with regard to adult entertainment, and the use of a part of the facility for
banquets for such events as bachelor parties, bachelorette parties, ete., how would you be able to
assure that there was no adult entertainment at these events? Miller said that Dobyn's House
would do the boc�king for these events. They would be catering in the banquet hall. Semrow said
that there would be no adult entertainment permitted. The ordinance provides that adult
enterta.inment is permitted only upon the issuance of a conditional use permit for such purposes
in a C-5 Zoning District. The zoning of the subject property is C-3 and the conditional use to
allow adult entertainment would not be permitted. In addition, the location of this property is
within 1,000 feet of a residential district which precludes adult entertainment at this location.
Semrow said the business is moving from a location where there was approximately 4,800 square
feet to a proposed location of 12,000 square feet. How will you control the patrons. Miller said
there would be in-house security. Miller said that one of the reasons they were considering
making a banquet hall a part of this facility is that the Petitioners were approached by Dobyn's
House who is looking for a place to host banquets in the event of inclement weather. In addition,
this provides another means of income for the establishment. This is a large site, and the
Petitioners are seeking ways of making it a viable operation.
Semrow asked the Petitioners to describe to the Board the specific acdvities which are being
planned for this facility. There have been different activities alluded to, but what specifically is
it that the Petidoners are seeking the conditional use for? Miller said there would be darts, paol
� tables, indoor volley ball, limited menu of food. Christensen asked if there would be carry-out
of liquor. Marciniak said the liquor license permits the sale of packaged goods. Christensen said
if the Petitioners do go ahead with this facility, wonld they have banners draped across the ftont
of the building a� they had on Riverside Drive? Miller sa�d the front of the building would
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1995
� basically stay as it is. There would be no banners. Christensen asked if the parking lot lights
remain on through the night. Miller said the lights would remain on all night. Christensen said
that if some of the parking spaces were eliminated at the rear of the building, would the Petitioners
be required to come back before this Board for a variance as to the parking requirements?
Semrow said that at this point it is not clear exacdy how many spaces are delineated on the site;
the quesNon as to the parking requirements can not be answered at this dme.
Kenneth Miller: Would the Petidoners be required to come back to the city in order to put in a
beer garden? Semrow said they would be required to seek a variance from the ordinance with
regard to all business being conducted wholly within an enclosed structure. Ken Miller asked if
they could put in a banquet facility or would they be required to come back to the city, Cahill
said that a banyuet facility is a permitted use in the C-3 Zoning District.
Brian Miller said that the Petitioners are not sure they can fill the bar to capacity with just a bar
and novelties or games. That is the reason they are thinking about branching ont and incorporadng
a banquet hall at the site.
George Heuer: Banquets could include minors. How would the Petitioners segregate the banquet
hall from the bar? Brian Miller said there could be a common entry, but each room could be
separate. Semraw said that in the event the Petidoners put in a separate banquet raom, would the
PedNoners srill have the stage and live entertainment? Miller said yes. The thing that would be
eliminated or down-sized would be the novelty games (darts, pool tables, etc.).
Christensen said that if the Pedtioners decide to put in a banquet hall, would they have to come
back before this Board? Semrow said they would not. It would be much like a bar with a
restaurant and this would be permitted in this district. Christensen said if they proposed adult uses
`- would they have to come back before this Board? Semrow said they cannot have adult uses at this
location due to the restricdons contained in the Zoning Ordinance. Semrow asked if the
Petitioners might decide to have banquet events at times other than normal business hours.
Marciniak said they might, however, they could not be open to the public other than during hours
permitted by the Municipal Code.
CLOSING STATEMENT BY PETITIONERS
Bnan Miller said that he has lived in this community all of his life. He feels that the objections
stated by the abutting residents are reasonable and that he has every intention of working to
accommodate their concerns. The Peddoners are trying to conduct a quality business. They have
been in business for three years and have not been cited for any violations. The Petitioners will
take good care of their busmess and the community.
STATEMENTS BY OBJECTORS/OBSERVERS
Chairman Semrow swore in the following Objectors/Observers:
1) Arthur Tiffany, 4411 West Home Avenue McHenry Illinois 60050
2) Aleen Tiffany, 4411 West Home Avenue McHenry Illinois 60050.
Arthur Tiffanv: "I appreciate the fact that these gendemen are not hying to disrupt our
neighborhood. However, the late hours, loud music, and drinking will disrupt ow neighborhood.
There is room for at least 60 cars to park at the rear of this building. Patrons will come out of
the front of the building and go to the rear of the building where they have parked their cars.
They will raise hell. We have had a lot of problems in our neighborhood since The Spot came
in. We have people milling about. When people drink, they get nasty, rowdy and have fowl
�,, mouths."
Aleen Tiffanv: "I agree with the statement my father has made. With respect to the Zoning
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1/9/9S
� Ordinance, it is the function of this body to pass on a recommendadon to the City Council. I
request that this Board make a recommendadon to deny this conditional use. The general purpose
of the zoning ordinance will not be met if the condidonal use is granted. The subject property
abuts residential property and the proposed use is not in harmony with the residential
neighborhood. Property values will be adversely affected if this use is granted. People in a
residential neighborhood do not want to live beside a bar which has a capacity of 300 patrons.
This is quite a change from its previous location at Riverside Drive where there was a capacity
af 100 people and 4,800 square feet to the proposed location with a potential capacity of 300
patrons and 12,000 square feet. There is the distinct possibility of 300 people milling around the
area at night. I respectfully request that the Zoning Board of Appeals recommend that the request
be denied as the Approval Criteria have not been met. If the Board chooses to recommend
approval of this Petidon, I ask that the Board give considerallon to recommending that the
following restrictions be imposed pursuant to the conditional use permit being issued:
1) Provide a fence to screen the proposed use from the adjacent residential property to the
west;
2) Restrict access at the pedestrian walkway, at least during bnsiness hours of this
establishment, between the two buildings so that patrons would not be permitted to go to
the rear of the building from the front entrance;
3) Provide and enforce a tow-away zone in the rear of the building in order to prevent patron
parking at the rear of the building.
I wauld strongly recommend that these restricdons be applied if the conditional use permit is
granted and that the conditional use be revoked if the restrictions are not followed. I hereby
submit as Objectors Eahibit 1 (copy attached to this report) a Petition to deny this request which
is signed by residents who live in the immediate vicinity of this proposed use."
� Semrow said that ail who object to this proposed use, whether they have signed Pedtion to deny
this request or appeared at this hearing in person, will be advised of the date of the City Council
meeting at which this matter will be discussed.
Chairman Semrow said, "there being nothing further 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. There being no motion to recess, the Chair will entertain a motion with regard to
the Petidon."
DELIBERATION AND RE MMENDATION
Motion by McClatchey, seconded by Christensen to recommend to the City Council that
the Petitic�ner's request for a conditional use permit to allow the operation of a Sports Bar
and Grill dance club with novelties, including live entertainment, on the subject property
be granted; and that The Approval Criteria for Conditional Use, Table 31, pages 357-358
have been met.
Voting Aye: Lovett, McClatchey, Tobeck.
Voting Nay: Christensen, Kleemann, Semrow.
Not Voting: None.
Abstaining: None.
Absent: Swierk.
Motion failed 3-3. There will be no recommendation to the City Council with regard to this
matter.
�..
After further dis�:ussion the following motion was made:
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1/9/95
� Motion by Lovett, seconded by McClatchey to recommend to the City Council that
the Petitioner's request for a condidonal use permit to allow the operation of a Sports Bar
and Grill dance club with novelties, including live entertainment, on the subject property
be granted; that the City Council grant the Petitioners request conditioned upon negotiations
taking place with the owner of the subject property as to the following:
1) Provide a fence to screen the proposed use from the adjacent residendal property to
the west;
2) Restrict access at the pedestrian walkway, at least during business hours of this
establishment, between the two buildings so that patrons would not be permitted to
go to the rear of the building from the front entrance;
3) Provide and enforce a tow-away zone in the rear of the building in order to prevent
patron parking at the rear of the building;
and that The Approval Criteria for Conditional Use, Table 31, pages 357-358 have been
met.
Voting Aye: Lovett, McClatchey, Tobeck.
VoNng Nay: Christensen, Kleemann, Semrow.
Not Voting: None.
Abstaining: None.
Absent: Swierk.
Motion failed 3-3. There will be no recommendation to the City Council with regard to this
matter.
�-- ADJOURNMENT
Motion by Christensen, seconded by McClatchey to adjourn the hearing at 9:30 p.m.
Voting Aye: Christensen, Kleemann, Lovett, McClatchey, Semrow, Tobeck.
Vodng Nay: N��ne.
Not Voting: Nune.
Abstaining: Nune.
Absent: Swierk.
Motion carried 6-0. This hearing was adjourned at 9:30 p.m.
Respectfiully submitted,
Harry S ow, Chairman
Zoning oard of Appeals
c: Agenda, Zoning Board of Appeals (7), Plan Commission (7), City Administrator, Director
of Building & Zoning, Public Works Administration, City Attorney, City Engineers,
Aldermen Reference Copy, Objectors/Observers (16), Petitioners, Building& Zoning Zoning
File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
Z-391
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