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