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HomeMy WebLinkAboutMinutes - 04/15/2015 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes April 15, 2015 Chairman Strach called the April 15, 2015 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:35 p.m. In attendance were the following: Doherty, Sobotta, Nadeau, Strach, and Thacker. Absent: Bromley, Vallez. Also in attendance were: Director of Economic Development Martin, City Attorney Kelly Cahill and Planning and Zoning Assistant Wolf. No one signed in to speak during Public Input. Approval of Minutes Motion by Nadeau, seconded by Thacker, to approve the minutes of the Planning and Zoning Commission Meeting as presented: March 18, 2015 regularly scheduled meeting. Voting Aye: Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: Doherty, Sobotta. Absent: Bromley, Vallez. Motion carried 3-0. Public Hearing: Alfredo Cruz and Marlety Maganda File No. Z-858 5114 Elm St. Use Variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front Chairman Strach called the Public Hearing to order at 7:40 p.m. regarding File No Z- 858, an application for a use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front on the subject property as submitted by Alfredo Cruz and Marlety Maganda. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 31, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance were Alfredo Cruz, 26799 N. Iride Dr., Mundelein, IL 60060 and Maria Elizarraga, 213 Beachview Dr., Round Lake, IL, who were sworn in by Chairman Strach. Ms. Elizarraga provided a summary of the request before the Commission at this Hearing translating for Mr. Cruz stating that Mr. Cruz is asking that his property at 5114 Elm St. be allowed to be used in the rear portion as a residential property for his own family. Mr. Cruz stated they are good citizens and have been running a business in the front of the property for two months with no issues. Ms. Elizarraga read a narrative statement of intent for the property from Mr. Cruz. Planning and Zoning Commission April 15, 2015 Page 2 Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a use variance to allow residential and commercial use in the same building on the subject property. In 2012 the Planning and Zoning Commission considered a use variance for the property located at 5114 W Elm Street. Concerns were expressed by abutting property owners at the meeting regarding having sufficient parking and previous owners being uncooperative. The proposal was not recommended by the Commission and was never presented to the City Council. Until January of this year the building on the subject property has been vacant for several years. The front part of the building is currently occupied and utilized as a beauty shop and tax assistance service business. The subject property is located on West Elm Street and contains one building, approximately 3,000 square feet; 1,500 square feet of usable commercial/office in the south portion with frontage on Elm Street and 1,440 square feet of residential space in the rear. The lot was platted in 1953 as part of Lakeland Park Subdivision and the building was originally constructed in 1957 and used as residential until the late 1980’s, after which it was renovated for commercial use abutting Route 120. The rear residential portion of the building was completed in 1991. The applicants purchased the property to use the (south) half of the building as a commercial use and would like to use the rear (north) portion of the building as one single-family residential use. Director of Economic Development Martin stated that prior to occupancy being issued for a beauty shop/business use the property had been vacant for several years. If approved there would be two principal uses on one lot, which is not permitted by the zoning ordinance. One principal use is allowed thus the applicant is required to obtain a use variance to allow a single residential use in the north half of the building. There are no other variances being requested at this time. Commercial is permitted by- right, however residential is only permitted in a C-4 or C-5 zoning district when the residential is above a non-residential use. In this case the residential would be behind or abutting a commercial use. The building has previously been used in this manner and is configured for both use types. The north portion of the building contains a kitchen, laundry facilities, multiple bedrooms and living/dining room space and the south a small kitchen, bathroom and offices. There is a wall between the north and south half connection on either end of the building to physically separate the two uses. Similar requests have been approved in the past. The property at 5016 W Elm Street, as well the properties located at 1213 N Riverside Drive and 1309 N Green Street received use variances to allow residential use in commercial zoning districts. The property located at 5016 W Route 120 is a single- family home zoned C-5; whereas 1309 N Green and 1213 N Riverside Drive are zoned C-4 and set up as duplex buildings. In September 2012 the City Council also approved a similar request at 4509 W Elm Street. The site is unique for the simple fact that it’s one building with the front designed for a commercial use and the rear for a residential use. The proposed use will not alter the character of the area as it incorporates a commercial/service use along Route 120 and a residential use in the rear which abuts residential homes. Planning and Zoning Commission April 15, 2015 Page 3 There are residential buildings zoned commercial along the West Illinois Route 120 corridor and the average age of structures is 35 years or more. Additionally, the corridor’s economic viability has decreased at a more rapid pace since the Illinois Route 120 improvements in 2004. The original building on the subject property was constructed 55 years ago, however the residential addition was built in 1991. A reasonable return cannot be realized on the property due to the rear portion of the building being designed and built as a residence. To convert this portion of the building for a commercial land use would be impractical, very costly and extremely difficult to market as a non-residential use to prospective tenants and would require more parking than one residence. The north half of the building is not very visible from Route 120 and the applicant is limited by ordinance to one freestanding and two wall signs so an additional commercial use in the rear of the building is impractical in this regard as well. The use variance being requested as part of this application, however, is different from the previously approved temporary use variances in that the building was built to accommodate both commercial and residential uses. The residential is behind rather than above the commercial on the subject property, which staff believes is appropriate given the location of the property. A vertical building with residential on the top of non-residential is more appropriate in a downtown setting. Staff believes the dual use of the building is appropriate at this location. The north side of the property abuts single-family residential and the south half is adjacent to Illinois Route 120. It is adjacent to an automobile repair shop on the east and a law office on the west. Moreover, in the immediate area along Route 120, there are no other sites with buildings situated similar to the manner which the building at 5114 W Elm Street sets. Adjacent buildings, with a couple of exceptions, were not constructed with the length and layout of the building on the subject property. The applicant is not requesting any other variances from the zoning ordinance and thus is required to meet all other City ordinances including parking, signage, storm water runoff, etc. It is staff’s belief the criteria outlined in Table 32(A) of the zoning ordinance have been satisfied. Director of Economic Development Martin stated it is staff’s recommendation for approval of a use variance to allow a single residential dwelling unit in the north half of the building and a commercial use in the south portion of the building on the subject property subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; • No cross-access shall be permitted onto adjacent properties unless a cross-access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; Planning and Zoning Commission April 15, 2015 Page 4 • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations, And staff finds all requirements in Table 32(A) of the zoning ordinance have been satisfied. Mr. Cruz presented an 11-page petition and list of signatures to the Commission in support of his request and Director of Economic Development Martin entered it into the record. Chairman Strach invited questions and/or comments from the Commission. Commissioner Nadeau inquired if a firewall is required. Director of Economic Development stated there is no connecting doorway between the front and rear of the property but all City building specifications and requirements would have to be met. An exhibit was presented by Judge Mary Nader to the Commission, as well as the applicant, containing several photos of the subject property and a plat of survey. In regard to the photos presented, Commissioner Doherty asked for clarification of the division of the property lines. Director of Economic Development Martin stated the property line cannot definitively be determined without a surveyor marking the property lines. Mr. Cruz stated he has already had an estimate to have his parking areas repaved and striped and if he is allowed to repair the lot it will be clearly marked and parking shouldn’t be an issue. Commissioner Thacker asked Mr. Cruz if the request is denied whether it will have an impact on the business and his ownership of the property. Mr. Cruz stated that it would definitely have an impact. Chairman Strach opened the floor to questions and comments from the audience. Judge Mary Nader, 1213 Matanuska, McHenry, IL addressed the Commission stating she has owned the property to the west of the subject property since 2007 and is now renting it to Attorney Robert Fetzner. The law practices that have operated out of her building have professional clientele and the building is very well-kept. She applauded the denial of the similar request brought before the Commission in 2012. Judge Nader summarized the exhibit of photos that was presented to the applicants and the Commission and put into the record. Ms. Nader stated some of the photos are from Google Maps and she is unsure of the dates of the photos. She stated the property has and always will have a parking issue. Judge Nader questioned the use of the residential portion of the property for just one family due to its size and questioned the use of the business property in the front as more than what the Certificate of Occupancy was issued for. She further stated there were at times in excess of 10 cars in the evenings on the subject property and they often flow over into the law firm parking lot. Judge Nader questioned whether there were truly enough parking spaces for the business alone as well as a residence. She further stated previous residential tenants on the property used the property as residents will commonly use their own property, but the subject property is not suited to that any type of residential use. Judge Nader discussed the other properties noted in the staff report that were similar situations Planning and Zoning Commission April 15, 2015 Page 5 having two proposed uses and stated she respectfully suggests the proposed residential use is not appropriate for this particular property and requests denial of the application. Attorney Terry Nader, 1213 Matanuska, McHenry, IL stated his most prominent issue is the residential use of the property in a predominately commercial area. Attorney Nader opined the property was not built to have residential use originally and questioned whether the approval of the property being issued residential use was lawful. He questioned lack of clarity in the applicant’s answers on the public hearing application and questioned why the applicant did not put a contingency in his real estate contract in order to secure the residential use of the property before purchasing it. Attorney Nader further discussed discrepancies he opined were included in the public hearing application. Attorney Nader stated it is his hope the applicant’s request will be denied. Mr. Mitch Ketchum, 4808 W. Bonner, McHenry, IL, was sworn in by Chairman Strach. Mr. Ketchum stated he is owner of Morrie and Sons Automotive at 5110 W. Elm, an abutting property. Mr. Ketchum stated he has had to talk to numerous customers of the beauty salon on the subject property about not parking on his property over the last two months. His biggest concern is the lack of sufficient parking. Attorney Rob Fetzner, a tenant at 5116 W. Elm St. who resides in Crystal Lake, IL stated he agrees with both Judge and Attorney Nader. Attorney Fetzner stated he briefly reviewed table 32(A) and respectfully disagrees with staff’s recommendation. Mr. Fetzner opined the applicant was untruthful in his application in stating it would be a hardship if his public hearing request was not granted, instead stating he opined Mr. Cruz’s request is a convenience as an additional use of the property. Attorney Fetzner opined the property is not suited to residential use and asked the Commission to deny the request. Through Ms. Elizarraga as translator, Mr. Cruz replied to the public statements by stating his family only has two children and it is only his family that intends to reside in the house. The photos in question he believes were from one occasion when his family was congratulating him on the new business and property ownership and is not a repetitive or continual problem. Mr. Cruz stated he intends to keep his property clean and improve it and is looking forward to working respectfully with the City and being a good neighbor. He has not done any work on the property outside of what the City has allowed him to do with property permits to date. He asked to be given the opportunity to prove they will improve the neighborhood and be good citizens of the City of McHenry. Mr. Cruz stated he has addressed parking issues with his clients and is scheduling appointments in a manner to avoid parking issues. He was waiting for approval of this request before moving forward with improving his parking lot so he would be able to accommodate the proper City requirements. He feels he is being judged based on previous owners of the property and asks for an opportunity to show his compliance with City standards. Mr. Cruz thanked the Commission for their consideration of his request. Mr. Bill Safransici, of Mundelein, IL, was sworn in by Chairman Strach and stated he has done business with Mr. Cruz for years and stated they have always had a respectful relationship. He asked if perhaps a fence between the properties would help resolve the issues but that he wished to speak for the good character of Mr. Cruz. Ms. Erica Salgado, 5008 Pindale Dr., McHenry, IL was sworn in by Chairman Strach and stated she has owned a business on Elm Street for over 8 years. Ms. Elizarraga translated for Ms. Salgado. She stated it is always important to have sufficient clients to run a business. A commercial business needs clients Planning and Zoning Commission April 15, 2015 Page 6 and needs parking and she was sure Mr. Cruz would welcome being a good neighbor and allowing his neighboring commercial businesses to use his parking lot were it ever needed for additional parking for any reason. She asked the Commission and those making previous public comment whether parking would be an issue on this property for any business trying to operate on the property even if it were singularly for commercial use, stating commercial property requires more parking than residential. Ms. Linda Caberone, 409 S. Lake St., Mundelein, IL was sworn in by Chairman Strach and stated she has been in the residential portion of the property and the size of the property and rooms suggested by Judge Nader is incorrect. She further stated there are only 3 bedrooms in the house and only one kitchen and that it is not set up as a duplex. She suggested if the back portion of the property were to be used for commercial use rather than residential it would cause even more issues for parking because commercial businesses typically require more parking. Mr. Leo Gonzalez, 508 Bluffs Edge Dr., McHenry, IL was sworn in by Chairman Strach and stated he owns a business in McHenry and opined parking on the subject property will always be an issue whether the property is used as only a commercial property or as a dual commercial and residential use due to the layout of the property. The question is whether the City wants more vacant properties. He further stated he is a client of the salon and there are only two employees both of which are upstanding citizens in his opinion. Chairman Strach closed the public comment portion of the hearing at 8:35p.m. Commissioner Sobotta asked Director of Economic Development Martin what the parking requirements for the City were in this situation. Director of Economic Development Martin stated the applicant is not requesting a parking variance before the Commission tonight. He stated the parking requirement is 8 total for the residential and commercial use. Commissioner Doherty asked Mr. Cruz how many chairs were in the Salon and whether or not he would ever want to increase his business (i.e., number of chairs) in the future if he was able to. Mr. Cruz stated he has two chairs and would wish to expand only with City approval if it was properly zoned for an expansion of business following all City requirements. Presently, Mr. Cruz does not believe he would have enough parking to satisfy expanding the business. Motion by Nadeau, seconded by Sobotta, to recommend to the City Council with regard to File No. Z- 858, an application for use variance to allow two principal land uses on one lot, a residential dwelling in the rear portion of a building with commercial use in the front on the subject property as presented by the applicant Alfredo Cruz and Marlety Maganda for the property located at 5114 Elm St., McHenry, IL, subject to the following conditions: • Residential dwelling unit in the north half of the building shall be required to obtain a certificate of occupancy and comply with minimum life safety codes for a residential dwelling unit; • Outside storage of any kind, with the exception of trash/rubbish with conditions as stipulated below, is prohibited; • Required number of off-street parking spaces shall be striped to accommodate commercial and residential uses in accordance with all applicable City ordinances, rules, regulations and the Illinois Accessibility Code prior to a certificate of occupancy being issued for the single dwelling unit in the north half of the building; Planning and Zoning Commission April 15, 2015 Page 7 • No cross-access shall be permitted onto adjacent properties unless a cross-access easement or similar agreement is entered into by all impacted parties and said agreement is recorded against all affected properties; • Any trash/rubbish stored outside which is not maintained in dumpster/commercial refuse container, must comply with provisions of all applicable City codes, rules, ordinances and regulations; • Any commercial dumpster or refuse container placed outside on the subject property at any time in the future must be screened in accordance with all applicable City ordinances, rules and regulations, be granted, and that Table 32(A) of the Zoning Ordinance has been met. Voting Aye: Sobotta, Nadeau, and Strach. Voting Nay: Thacker, Doherty Not Voting: None. Abstaining: None. Absent: Bromley, Vallez. Motion denied 3-2. (Four concurring votes are necessary to decide in favor of the applicant in accordance with the zoning ordinance.) Commissioner Thacker stated he did not believe the requirements of Table 32(A) of the Zoning Ordinance have been met. Commissioner Doherty stated parking is an issue on the property whether there is commercial or residential use in place but wished the applicant success in his business. Chairman Strach closed the Public Hearing regarding File No. Z-858 at 8:46 p.m. Public Hearing: Kathleen D. Schaid Living Trust File No. Z-859 4005 Kane Ave. Conditional Use Permit to allow a tavern with live entertainment (4005 Kane Ave. Unit L) and a Variance from the off-street parking and loading requirements for ReMax Plaza Shopping Center Chairman Strach called the Public Hearing to order at 8:47 p.m. regarding File No Z- 859, an application for a conditional use permit to allow a tavern with live entertainment (4005 Kane Ave. Unit L) and a variance from the off-street parking and loading requirements for ReMax Plaza Shopping Center on the subject property as submitted by the Kathleen D. Schaid Living Trust. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 29, 2015. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk’s Office. In attendance was Rob Schaid, 1919 Anthony Lane, Lakemoor, IL, who was sworn in by Chairman Strach. Planning and Zoning Commission April 15, 2015 Page 8 Mr. Schaid provided a summary of the request before the Commission at this Hearing stating he is present as the request of his parents to request a parking variance and conditional use permit for the property at the ReMax Plaza. Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating the requested action is a conditional use permit to allow a tavern with live entertainment in Unit L, formerly occupied by Harrison Chiropractic Center, and a variance from the off-street parking and loading requirements for the entire ReMax Plaza Shopping Center to accommodate the tavern use, as well as a proposed Mexican Restaurant in Unit G, formerly occupied by Tony V’s, Angie’s and Domino’s Pizza. The subject property consists of 19,133 square feet of office, retail and commercial space, ReMax Plaza Shopping Center. It was constructed in 1986 and contains a mixture of retail, restaurant, office and service-oriented uses. The property is currently zoned C-5 Highway Commercial District and is surrounded by commercial and service uses to the north and east, multi-family residential to the west, north and south and vacant land to the south. Staff believes the proposed tavern use with live entertainment is an appropriate land use for the subject property. The shopping center contains a mixture of retail, restaurant and service-oriented land uses and the proposed tavern will provide an additional element to complement the existing uses. The operator of the tavern currently has a facility, Lucky Poker, located in Belvidere, IL, which is similar to the one being proposed at ReMax Plaza, which Director of Economic Development Martin has visited. There are many similarities between the location in Belvidere and the one proposed at ReMax Plaza. Surrounding land uses in Belvidere include a laundromat, fueling station and restaurant. The tavern will include many craft beer brands on-tap, however there will be no food prepared on-site. They may occasionally host light entertainment, such as music, and are planning on installing video gaming terminals. They do not intend to host major events. Director of Economic Development Martin stated the establishment in Belvidere is very respectable and clean. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts to traffic, the environment, the neighborhood, public service and facilities or public safety and health than would any other permitted use in the C-5 zoning district. ReMax Plaza has a diverse business mix with varying hours and the proposed tavern will draw additional traffic to the center benefiting the existing uses but also, at times when other uses are closed, maintain the vitality of the center. Additionally regarding the parking variance, ReMax Plaza currently has 67 parking spaces including three handicapped accessible spaces. In accordance with the City’s zoning ordinance the ReMax Plaza is classified as a shopping center and those parking regulations are applicable. ReMax Plaza, excluding Subway, the proposed Mexican restaurant and the proposed tavern, requires 4 spaces/1,000 square feet of net floor area (14,933 gross square feet) (51 spaces) plus 25 spaces/1,000 square feet of net floor area for the Subway Restaurant (1,500 gross square feet/32 spaces) and proposed Mexican Restaurant (1,200 gross square feet/26 spaces) and 10 spaces/1,000 square feet for the proposed tavern (1,500 gross square feet/13 spaces). A total of 122 parking spaces are required by Planning and Zoning Commission April 15, 2015 Page 9 ordinance for the existing and proposed uses, therefore a variance of 55 parking spaces is being requested. The building on the subject property was constructed in 1986, and at that time the zoning ordinance required 20 parking spaces/1,000 square feet of net floor area for all restaurant uses. In 2006 staff classified restaurants in the zoning ordinance into three categories: carryout only, eat in/drive in and eat in/no drive in. The existing Subway Restaurant and proposed Mexican Restaurant fall into the eat in/no drive in restaurant category (25 parking spaces/1,000 square feet of net floor area) and between these two uses 58 parking spaces are required. ReMax Plaza contains a diverse land use base with hours of operation which vary as well. Currently, only Subway Restaurant is open on Sunday and two of the existing uses are closed on Saturday and other than Subway all other existing uses are closed by 4:30 p.m. on Saturday. Additionally, other than Subway all the current uses are closed by 7:00 p.m. Monday thru Sunday. The proposed restaurant and tavern will most likely have hours similar to Subway. The diverse land use mix allows for shared parking, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. Subway restaurant is 1,500 square feet and by ordinance requires 32 parking spaces. This is due to the type of restaurant it is: eat in/no drive in. Subway, however, is a quick service restaurant as opposed to an Applebee’s, Chili’s or Olive Garden which are also classified as eat in/no drive in. People who patronize these restaurants, however, are waited on and generally are in the restaurant for a longer period of time. Although Subway does not have a drive-in establishment many patrons will go to Subway and purchase food and eat off-site due to the nature of the restaurant. Subway and the proposed Mexican Restaurant serve breakfast, lunch and dinner and are busier during these peak times. A couple of the other uses in the center close during the lunch hour and some employees at these other uses presumably will leave during these peak hours which are times when Subway and the proposed Mexican Restaurant will be busier. Staff does not have any concerns with the parking variance due to the aforementioned reasons. The subject property is landlocked and cannot expand their parking; the center was constructed 29 years ago and the City’s zoning regulations for off-street parking have changed. The proposed Mexican restaurant is locating in a unit which has turned over tenants several times over the past several years due to lack of visibility and other factors, and the shopping center has a diverse mix of land uses which allows for shared parking which is not only common but encouraged to maintain the strength of a shopping center. None of the circumstances creating the need for the requested variance was caused by or a direct result of any action taken by the applicant and denial of the requested variance would certainly create an undue hardship/burden on the property owner, resulting in two vacant units, and the requested variance, if granted will not alter the local character or adversely impact public, health, safety or welfare. Many people live in close proximity to the center and have the ability to walk to and patronize the proposed uses. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Planning and Zoning Commission April 15, 2015 Page 10 Both the conditional use permit and parking variance can be considered contemporaneously because a parking variance is required in order for the proposed tavern and/or for the Mexican Restaurant to be able to locate within the shopping center. Director of Economic Development Martin stated staff is recommending approval of a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue (Unit L) and approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on-site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council. Staff also finds all requirements in Tables 31 and 32 of the Zoning Ordinance have been satisfied. Director of Economic Development Martin read a statement of support received April 15, 2015, from Dr. Mary Bishop, owner of the animal hospital on the property. Chairman Strach invited questions and/or comments from the Commission. Commissioner Doherty asked the owner of the tavern in Belvidere what will be served in the tavern. Mr. Kevin Olsen, 9111 Huber Rd., Belvidere, IL was sworn in by Chairman Strach. Mr. Huber stated high end spirits and craft beer will be served but no food. Commissioner Nadeau inquired how many patrons will typically be using the facility at any one time. Mr. Olsen stated 10-12 people would be on the high end of use. The establishment will be busier later in the evening beginning 9 or 10 pm and will be open normal business hours for a tavern which are allowable by City ordinance. They will not have music as a general rule but may have a juke box or a guitar or harmonica player. Chairman Strach opened the floor to questions and comments from the audience. Ms. Carmen Adams, 4007 W. Oak Ave., McHenry, IL was sworn in by Chairman Strach prior to addressing the Commission. She stated she has lived next door to the subject property for 35 years. Her main concern is the area behind and surrounding the Plaza is very dark and she requests more lighting be added to the Shopping Plaza in the rear for the safety of residents. She had a concern as to whether Oak Avenue would be widened or parking increased in the rear of the building. Director of Economic Development Martin stated that is not planned at this time and nothing similar is being requested in direct correlation with this proposal. Chairman Strach closed the public comment portion of the hearing at 9:05 p.m. Motion by Nadeau, seconded by Doherty, to recommend to the City Council with regard to File No. Z- 859, an application for a conditional use permit to allow a tavern with live entertainment at 4005 Kane Avenue (Unit L) and approval of a 55 space parking variance for ReMax Plaza Shopping Center with the condition that there be no on-site food preparation at 4005 Kane Avenue (Unit L) unless the conditional use permit is amended by the City Council, be granted, and that Tables 31 (Approval Criteria for Conditional Use Permits) and 32 (Approval Criteria for Variances) of the Zoning Ordinance have been met. Planning and Zoning Commission April 15, 2015 Page 11 Voting Aye: Doherty, Sobotta, Nadeau, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Vallez. Motion carried 5-0. Chairman Strach closed the Public Hearing regarding File No. Z-859 at 9:06 p.m. Staff Report The next meeting is May 13, 2015 at 7:30 p.m. Adjournment Motion by Nadeau, seconded by Thacker, to adjourn the meeting at 9:10 p.m. Voting Aye: Doherty, Sobotta, Nadeau, Strach and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Bromley, Vallez. Motion carried 5-0. The meeting was adjourned at 9:10p.m. Respectfully submitted, _____________________________________ Dorothy M. Wolf, Planning & Zoning Assistant City of McHenry