HomeMy WebLinkAboutMinutes - 10/17/2002 - Planning and Zoning Commission
Minutes of the City of McHenry
PLANNING AND ZONING COMMISSION
October 17, 2002
The October 17, 2002 Meeting of the City of McHenry Planning and Zoning Commission was
called to order by Chairman Howell at 7:32 p.m. in the Council Chambers of the McHenry
Municipal Center. Commission members in attendance: Buhrman, Ekstrom, Franzen, Howell,
Nadeau, Thacker. Absent: Cadotte. Staff in attendance: City Attorney Cahill (arrived at 7:34
p.m.), City Planner Martin, Director Community Development Napolitano.
Public Hearing: Concord Homes
File No: Z-558
Krumholtz Property on South Route 31
Chairman Howell at 7:32 p.m. called to order the Public Hearing regarding the Petition filed by
Concord Homes for:
• Zoning Amendment to C-5 Highway Commercial District; BP Business Park District; RM2
High Density Multi-Family Residential District;
• Variations from the Subdivision Control Ordinance
• Variations from the Zoning Ordinance.
Chairman Howell noted the Applicants are seeking a continuance and invited Staff to enlighten
the Commission regarding this matter. Director Community Development Napolitano stated the
Applicants are requesting a continuance due to the fact Staff had not received all required
information and documentation to do an adequate analysis of the request. The traffic study was
missing. However, the traffic study has now been provided for this development. Staff has
several major concerns following review of the traffic study and believes key information may
be missing. Discussion occurred regarding the date to schedule the continuance of the Hearing.
It was the consensus of the Commission to recess the Public Hearing until Thursday, October 31,
2002 at 7:30 p.m. subject to Staff’s receipt and distribution of pertinent materials at least one
week prior to the Hearing.
Motion by Buhrman, seconded by Nadeau, to recess the Public Hearing on File #Z-558 regarding
the Concord Homes Petition for zoning, variations to the Subdivision Control Ordinance and
variations to the Zoning Ordinance to Thursday, October 31, 2002 at 7:30 p.m.
Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Cadotte.
Motion carried 6-0.
The Public Hearing was adjourned at 7:41 p.m.
Public Hearing: John Liautaud
File No Z-563
4111 Shamrock Lane in Liberty Square Subdivision
Chairman Howell called to order at 7:42 p.m. the Public Hearing regarding the petition filed by
John Liautaud for a conditional use permit for a restaurant serving alcoholic beverages at 4111
Shamrock Lane in Liberty Square Subdivision.
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Chairman Howell noted all publication and notification requirements had been met. The Public
Hearing Notice was published on October 1, 2002. An Affidavit of Service is on file in the
Office of the City Clerk.
In attendance was the applicant, Mr. John Liautaud. Chairman Howell swore in the petitioner.
Also in attendance were the following objectors/observers:
1. Ken Anderson, 9N889 Nester Road, Elgin IL 60123
2. Dr. Judson Mitchell, 4100 Shamrock Lane, McHenry IL 60050
3. Amber Mace, 4405 Shamrock Lane #1D, McHenry IL 60050
4. Alan Diehl, 4403 Shamrock Lane, #2A, McHenry IL 60050
5. Dr. J.D. DeLoach, 4100 Shamrock Lane, McHenry IL 60050
6. Tom Gardner, 4311 Shamrock Lane #2G, McHenry IL 60050
7. Mr. and Mrs. Wood, 4313 Shamrock Lane #1B, McHenry IL 60050
8. Dr. Mike Hall, 4100 Shamrock Lane, McHenry IL 60050
9. Bruce Kaplan, 9225 S. Route 31, Lake In the Hills 60156
10. Bob Maser, 3213 W. Bretons Drive, McHenry IL 60050
11. Mike Jones, 9016 Shady Lane, Wonder Lake IL 60097
12. Greg Borner, 4100 Shamrock Lane, McHenry IL 60050
City Planner Martin provided the Commission with an overview of the petitioner’s request.
Planner Martin noted the petitioner is seeking a conditional use permit to allow the operation of a
restaurant serving alcoholic beverages. He noted restaurants are permitted on the premises. The
request to serve alcoholic beverages requires the grant of a conditional use permit. Following the
granting of the conditional use, the petitioner would be required to seek a liquor license from the
City’s Liquor Commissioner with the approval of City Council. Planner Martin stated the request
for conditional use and liquor license would be considered simultaneously by the McHenry City
Council. He noted Staff has no concerns with the request for a conditional use permit. The
applicant would like the ability to offer alcoholic beverages to his customers.
City Planner Martin reported the City has received numerous (60+) letters in opposition to the
petitioner’s request. The letters will be incorporated into the official file regarding this matter.
In conclusion, Planner Martin noted Staff recommends approval of the request.
Mr. Liautaud opened his presentation before the Commission noting his previous
accomplishments in the restaurant industry. He stated food is his primary focus, not the service
of alcoholic beverages. Mr. Liautaud presented a concept plan of the proposed restaurant which
included a bakery, retail seafood counter, restaurant and kitchen area. He stated his main focus
would be lunch and early dinner. There would be a large carry-out, pickup and delivery business
as well. Proposed business hours would be Monday through Thursday, 6 a.m. until 9 p.m.;
Friday and Saturday, 6 a.m. until 10 p.m.; Sunday from 8 a.m. until 8 p.m. He informed the
Commission there would be no bar on the premises. The only alcohol he intends to sell would be
beer and wine, and two specialty drinks. He stated his employees would be certified and trained
in alcohol awareness.
In response to an inquiry, Mr. Liautaud stated there would be two entrances to his restaurant. The
seating capacity would be 72 seats. Deliveries would be made in the afternoon, three days per
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week for fresh seafood. Drygoods would be delivered twice weekly. All deliveries would be
made to the rear of the restaurant. In response to an inquiry, Mr. Liautaud stated he ultimately
would offer food order delivery services.
Regarding the aesthetic treatment of the site, the petitioner stated no external enhancements
would be made to the premises. There would be window signs. He would also have a 4’X4’
signage space in the clock tower monument sign for the development. The proposed name of the
restaurant is Snapper Johns.
In response to an inquiry, the type of operation proposed is dissimilar to his other retail outlets
and restaurants. He stated this proposal is much smaller in scope and yet provides the retail sale
of fresh seafood. It would be a unique operation. If the restaurant goes well, there would be plans
to expand the operation. Mr. Liautaud stated he chose the proposed location following a research
of the area noting there is very limited choice for eating establishments on the south side of
McHenry. He stated not all of his family’s restaurants serve alcoholic beverages. He has no
history of ordinance violations at his other establishments.
The total square footage of the business would be 4,200 square feet. In response to an inquiry he
stated there would be ample room for parking. Mr. Liautaud stated he would have a manager on
the premises, however, he would be on site 60-70 hours per week.
Mr. Liautaud stated, in response to a question, that his business could survive without the sale of
alcohol, but he would locate elsewhere if the conditional use permit is not granted.
Chairman Howell opened the floor to audience questions.
Alan Diehl of 4403 Shamrock Lane inquired how the employees would be trained in alcohol
awareness. Mr. Liautaud responded the employees would attend classes and be certified to serve
alcoholic beverages. Intoxicated patrons would not be welcomed on the premises. Mr. Diehl
inquired at what point the servers would cease serving to a patron. The petitioner stated
following certification all who serve alcoholic beverages will be provided knowledge used to
determine when a patron has over imbibed and should be refused additional drinks.
Jerry Lusomtry, 2 S Belmont in Elgin, asked if the petitioner asks someone to leave because they
are too intoxicated, how will his staff assure they get home safely? Mr. Liautaud stated the
restaurant staff would call and pay for a taxi.
Dr. Mike Hall, Dean of Students at Providence Baptist College, 4100 Shamrock Lane, noting
more than 200 students as well as numerous faculty members attend the College, inquired why
the restaurant could not be operated without the sale of alcoholic beverages, so that it would not
be “off-limits” to the College students. The restaurant, if alcoholic beverages are permitted, will
be “off-limits” to the students of Providence Baptist College. Mr. Liautaud responded many
patrons prefer to have a beer with their seafood and he would like to offer them that opportunity.
In response to further Commission inquiry, Mr. Liautaud stated alcohol would only be served for
eat-in patrons and would not be provided for carry-out orders.
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Chairman Howell invited members of the audience to express their comments and/or statements
following being sworn in by the Chair.
Ken Anderson, 9N889 Nesler Road, Elgin Illinois 60123: Mr. Anderson stated he is an
Associate Pastor at Northwest Bible Baptist Church in Elgin. He noted he is speaking on behalf
of Dr. Keith Gomez, pastor of the church, who could not be present for the hearing. If the
alcoholic beverages were replaced with community coffee, many of the Staff and faculty, as well
as the college students, would more than likely frequent the establishment. Historic Bible
believing Baptists have inherent convictions against alcohol and so the church is understandably
concerned regarding the possibility of booze being served across the street from their Bible
College. He noted others may not share the same convictions. The Church and its Bible College
came before the City a year ago to seek a conditional use for the residential Bible College in
McHenry at the former location of the Ramada Inn. Included in the many advantages, was
getting rid of the alcohol being served at the restaurant and bar at the Ramada Inn. It would seem
the problems erased by the removal of the Ramada Inn could once again be brought back if the
requested conditional use for a restaurant serving alcoholic beverages is granted. Students of the
College are training for ministerial services. One of the attractions of replacing the Ramada Inn
with the College was the change to upstanding College Students who are opposed to alcohol. Mr.
Anderson noted the Northwest Bible Baptist Church has a considerable sum invested in the
College campus property in McHenry. The College is serving in loco parentis and as such is not
in favor of an establishment serving alcoholic beverages across the street from the campus and
its student population entrusted to its care.
Dr. Judson Mitchell, 4100 Shamrock Lane, McHenry IL 60050: Dr. Mitchell thanked the
Commission for hearing his concerns. Dr. Mitchell stated he serves as Vice President of
Providence Baptist College. He has been an educator for more than 30 years. He noted he has
great concerns regarding safety especially in light of a neighbor serving alcoholic beverages.
This would jeopardize the existing sense of safety and conservatism that is currently
experienced. He has frequently been reminded by the City’s police force as to how good it was to
the police department to no longer have to be concerned about the affects of alcoholism and the
location of the College.
Amber Mace, 4405 Shamrock Lane #1D, McHenry IL 60050: Ms. Mace stated she is opposed to
the presence of alcohol on the street on which she and her husband reside, mostly due to safety
reasons. Regardless of weather, it would have a bar atmosphere, not the fact that alcohol would
be on the premises concerns her. There is only one entrance in/out of the apartment complex on
Shamrock Lane. Both Mr. and Ms. Mace arrive home late at night. She is not an advocate of
alcohol on the premises. It really does not matter how much or how little is served or concumed.
Alan Diehl, 4403 Shamrock Lane #2A, McHenry IL 60050: Mr. Diehl stated he and his wife
currently reside on Shamrock Lane. They are expecting a child. They are concerned regarding
the safety of themselves and their child. He also expressed concerns regarding the level of
alcohol intake and the ability of staff to discern when a patron should be refused additional
drinks.
Dr. Drew DeLoach, 4100 Shamrock Lane, McHenry IL 60050: Dr. DeLoach thanked the
Commission for the opportunity to be heard regarding the proposed restaurant. He noted he has
worked at many restaurants. Everyone makes more money at a restaurant where alcoholic
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beverages are served. He takes alcohol far more seriously now than he used to. He has
reevaluated its affects on his life. In working to bring more people to the church, he has
witnessed numerous people who have been negatively impacted by alcohol and alcoholism. He is
extremely concerned about the safety of the student population coming/leaving the campus. He
stated it is a safety issue versus a revenue issue and asked the petitioner to reconsider having a
restaurant without alcoholic beverages.
Tim Gardner, 4311 Shamrock Lane #2G, McHenry IL 60050: Mr. Gardner stated he is new to
the area, recently married, and moved to McHenry because it is a conservative town. He chose
his location to reside mainly due to its environment. It is a safe environment, with slow moving
traffic. He stated is opposition to alcohol, having seen the affects of alcohol on many people’s
lives. He is opposed due to safety for his family as well as for the citizens around him.
Michelle Wood, 4313 Shamrock Lane #1B, McHenry IL 60050: Ms. Wood noted her concerns
for safety. She concurs with everything previously stated. As a former waitress of a restaurant
serving alcoholic beverages, she stated it is basically impossible to tell if a person is too
intoxicated to be served and to be permitted to leave the restaurant on their own power. As a
waitress she was at times concerned for her own safety. She stated her concern for her family
especially in light of the single entrance to the apartment complex. She has previously moved
away from an area where similar concerns were uppermost on her mind. She would like the area
to remain alcohol-free.
Brian Wood, 4313 Shamrock Lane #1B, McHenry IL 60050: Mr. Wood stated they moved away
from the Chicago area to get away from a similar situation as the one being proposed. It was not
uncommon to have late night carousing on Friday or Saturday night. The current peaceful quiet
atmosphere would be upended if the proposed conditional use is granted. The concept of serving
fresh seafood is great. He suggested the petitioner attempt to make a go of the restaurant for one
year alcohol-free and see if it is successful without offering alcoholic beverages.
Dr. Mike Hall, 4100 Shamrock Lane, McHenry IL 60050: Dr Hall stated his concerns are in two
areas, the first being the safety of the students. The College parking lot must be patrolled
frequently to prohibit the large open area becoming a “hang-out” for drunks, drug users, and the
like. This parking lot is directly across the street from the proposed restaurant. He expressed
concern regarding restaurant patrons moving across the street from to the college parking lot to
continue their “partying”. The second concern is the College is a small-town rural College.
Parents have commented on the safety of their children in the current environment. There have
been no problems with conflicting businesses, issues, etc. There is great concern with the
establishment of a restaurant serving alcohol in the neighborhood. This could seriously impair
recruiting for the College. We take it personally that an establishment serving alcohol be
permitted to locate directly across the street from a Bible College.
Bruce Kaplan, 9224 S Route 31, Lake In the Hills Il 60156: Mr. Kaplan, a commercial realtor
hired by the management firm of Liberty Square, noted a restaurant is a permitted use for the
site. He stated he respected the opinions of the College, however, the petitioner has informed the
audience the restaurant’s primary focus is on food service. The reduced number of drinks being
offered indicates the petitioner’s desire to focus on the food and not on the alcoholic beverages.
He opined patrons would be leaving the restaurant turning right onto Shamrock Lane and exiting
the area at the stop light. There should be no negative impact on surrounding neighbors. This
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would be a business welcome to the community. It would hamper Mr. Liautaud’s business to be
prohibited from serving alcohol on the premises. This would be typical for this type of business –
to be allowed to provide alcohol as an ancillary service to a full-service restaurant. Mr. Kaplan
encouraged the Commission to recommend approval of the conditional use.
Mike Jones, 9016 Shady Lane, Wonder Lake IL 60097: Mr. Jones stated the restaurant is a
phenomenal concept. He opined the intentions of Mr. Liautaud are good. However, just because
someone attempts to try to do something from the outset does not necessarily mean he will be
able to maintain it in the original manner. He stated he believed Mr. Liautaud’s intentions are
pure and noble, however, reality does not always follow suit. He opined the safety issue is two-
fold: geographical and demographical considerations. Not only is there a ministerial college
nearby, there is a large hospital in the immediate vicinity. There is also a new medical center
going up directly across Route 31 from this site. There is a day care in the immediate area on the
hospital campus as well. It would definitely be in the best interest for these businesses if no
alcohol was served at this restaurant. He stated it is a very sad thing to have a friend killed by a
drunk driver. Mr. Jones encouraged the Commission to make their decision so that it would be in
the best interest of the constituents in the area. He stated his concern again regarding the safety
of people going to and from the hospitals, day care, emergency vehicles, etc.
Steve Regopoulos, 5016 Essington, West Barrington IL 60010: Mr. Regopoulos stated he
represents the developer of Liberty Square Shopping Center. This is a first class project for
McHenry. This is a quality restaurant being proposed. He noted the serving of alcohol
accompanying a fine meal is appropriate. Mr. Liautaud is not proposing a sports bar. People have
to learn self-control. The developer has brought Mr. Liautaud and his restaurant to our
community. The City of McHenry should be grateful for this new entity. He opined religious
groups should not dictate which businesses should be permitted in the community.
Greg Borner, 4100 Shamrock Lane, McHenry IL 60050: Mr. Borner noted the meeting began
with the Pledge of Allegiance to flag as one nation under God. He went on to quote biblical
passages which addressed the negativity of alcohol.
There were no further questions or comments from the audience.
An inquiry was made by the Commission for the petitioner to consider a two-drink maximum per
person at the restaurant. The petitioner stated he would consider the matter.
Mr. Liautaud in closing, stated the City of McHenry will be happy with the operation of his
restaurant. He does not want to operate a sports bar. He would just like to afford his patrons the
opportunity to have a drink with their dinner.
Discussion occurred regarding the Council consideration of limiting of the hours of serving
alcohol and/or limiting the number of drinks served to each patron in conjunction with their
meal. Chairman Howell addressed the audience noting the sensitive nature of the issue before the
Commission this evening. The City does allow licensure of alcohol in the City of McHenry. The
safety issues raised could be a matter for consideration, however, drivers who have imbibed
could currently be on the roadways even without the advent of this proposed establishment. The
Commission appreciates the concerns and comments expressed. Chairman Howell invited the
attendees to come to the City Council meeting when this matter is addressed.
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Motion by Franzen, seconded by Buhrman, to recommend to the City Council that with regard to
File Z-563, the request for conditional use permit to allow the establishment of a restaurant
serving alcoholic beverages in conjunction with the operation of the restaurant, and that Table
31, the Approval Criteria for Conditional Uses, pages 357-358, has been met.
Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Thacker.
Voting Nay: Nadeau.
Not Voting: None.
Abstaining: None.
Absent: Cadotte.
Motion carried 5-1.
Chairman Howell closed the Public Hearing at 8:55 p.m.
Other Business
Brief discussion followed regarding monthly permit reports, the status of current annexation
proceedings, etc. Planner Martin informed the Commission of the following meeting topics:
October 31, 2002 Concord Homes
November 7, 2002 Captain Rod’s on Route 120 east of the river
November 21, 2002 Mercy Medical Center on Route 31.
Motion by Franzen, seconded by Nadeau, to adjourn the meeting at 9:00 p.m.
Voting Aye: Buhrman, Ekstrom, Franzen, Howell, Nadeau, Thacker.
Voting Nay: None.
Not Voting: None.
Abstained: None.
Absent: Cadotte.
Motion carried 6-0.
Respectfully submitted,
_________________________________
Kathleen M. Kunzer, Secretary
Planning and Zoning Commission
C: Mayor, Aldermen, City Administrator, City Clerk, City Attorney, City Planner, City
Engineers, Applicants, Landmark Commission Chairman, Chicago Tribune, Northwest Herald,
Aldermen Conference Room, File Copy.