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HomeMy WebLinkAboutMinutes - 11/21/2002 - Planning and Zoning Commission Minutes of the City of McHenry PLANNING AND ZONING COMMISSION November 21, 2002 The November 21, 2002 Meeting of the City of McHenry Planning and Zoning Commission was called to order by Deputy Clerk Kunzer at 7:30 p.m. in the Council Chambers of the McHenry Municipal Center. Commission members in attendance: Buhrman, Cadotte, Ekstrom (arrived at 7:38 p.m.), Nadeau, Thacker. Absent: Franzen, Howell. Staff in attendance: City Attorney Cahill, Deputy Clerk Kunzer, Planner Douglas Martin. Deputy Clerk Kunzer stated, in the absence of Chairman Howell, she requested a motion from the floor nominating a Chairman Pro Tem for this evening’s meeting. Motion by Thacker, seconded by Nadeau, nominating Commission Bill Buhrman as Chairman Pro Tem for this evening’s Planning and Zoning Commission Meeting. Voting Aye: Cadotte, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: Burhman. Absent. Ekstrom, Franzen, Howell. Motion carried 4-0. Chairman Pro Tem Buhrman took the chair. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the Minutes of the Planning and Zoning Commission as follows: • October 31, 2002 regularly scheduled meeting; • November 7, 2002 regularly scheduled meeting. Voting Aye: Buhrman, Cadotte, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Ekstrom, Franzen, Howell. Motion carried 4-0. Public Hearing: Paul and Rose Pease File No: Z-564 1803 North Riverside Drive Chairman Pro Tem Buhrman at 7:34 p.m. called to order the Public Hearing regarding the Petition filed by Paul and Rose Pease for zoning upon annexation of the property located at 1803 North Riverside Drive in McHenry. City Attorney Cahill noted all publication and notification requirements had been met. The Public Hearing Notice was published on November 5, 2002. An Affidavit of Service is on file in the Office of the City Clerk. Chairman Pro Tem Buhrman stated there were no objectors present with regard to the petition. Page 2 P&Z Commission 11/21/02 In attendance was Rose Pease, 2309 Country Spring Drive, McHenry IL 60050. Chairman Pro Tem Buhrman swore in the witness for the petitioners. City Planner Martin provided the Commission with an overview of the petition. He noted the applicants experienced difficulties with the well on their rental property located at 1803 North Riverside Drive. Mr. and Mrs. Pease appeared before Council seeking connection to the City water system. Council granted the request subject to annexation to the City within 90 days. At this time the applicants are seeking zoning reclassification from E Estate to RS-4 High Density Single Family Residential District upon annexation. Planner Martin noted all surrounding residential properties within the City are zoned RS-4. It is therefore Staff’s recommendation to zone the property RS-4 upon annexation. Ms. Pease stated it is their intent to annex their rental property to the City, pursuant to Council request when permission was granted for an emergency connection to City water on August 5, 2002. Chairman Pro Tem Buhrman opened the floor to comments and/or questions by members of the Commission. In response to a Commission inquiry, Planner Martin noted the applicants paid connection fees at a non-resident rate. Upon annexation they will be reimbursed the non-resident portion of the connection fees. Commissioner Ekstrom arrived at 7:38 p.m. In response to further inquiry, Ms. Pease stated they are in the process of connecting to City sanitary sewer. Chairman Pro Tem Buhrman opened the floor to questions and/or comments by members of the audience. There were none. Chairman Pro Tem Buhrman, noting there was no further testimony by the applicant, nor comment or questions from the Commission, sought a motion with regard to the applicants’ request. Motion by Cadotte, seconded by Nadeau, to recommend to Council that with regard to File No. Z-564, an application for zoning reclassification from E-Estate to RS-4 High Density Single Family Zoning District upon annexation to the City, the property owned by Paul and Rose Pease, located at 1803 North Riverside Drive, be granted; and that Table 33, the Approval Criteria for Zoning Map Amendments, Page 401 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Howell.. Motion carried. 5-0. At 7:43 p.m. Chairman Pro Tem Buhrman closed the Public Hearing. Page 3 P&Z Commission 11/21/02 Public Hearing: Thotsaporn Chulert File No: Z-565 1225 North Green Street Chairman Pro Tem Buhrman at 7:44 p.m. called to order the Public Hearing regarding the Petition filed by Thotsaporn Chulter for a conditional use permit to allow the operation of a restaurant serving alcoholic beverages at 1225 North Green Street in McHenry. City Attorney Cahill noted all publication and notification requirements had been met. The Public Hearing Notice was published on November 5, 2002. An Affidavit of Service is on file in the Office of the City Clerk. Chairman Pro Tem Buhrman stated there were no objectors present with regard to the petition. In attendance were: • Thotsaporn Chulert, 8421 Grace Street, Highland IN 46322; • Siriphote Kaewnopparat, 2132 Azalea Court, Round Lake IL 60073. City Attorney Cahill swore in the witnesses for the petitioners. Planner Martin provided the Commission with an overview of the applicants’ request. He noted the applicants are seeking a conditional use permit to allow the operation of a restaurant serving alcoholic beverages at 1225 North Green Street. The subject property is zoned C-4 Downtown Commercial District. Restaurants are permitted in this district. Planner Martin also noted there are no parking requirements in the C-4 District. Ms. Keawnopparat stated she, her husband and Ms. Chulter intend to open a Thai Asian Food restaurant on the subject property. They will jointly run the establishment, which should provide a new variety of food to the McHenry area. Chairman Pro Tem Buhrman opened the floor to questions and/or comments from the Commission. In response to an inquiry, Ms. Kaewnopparat stated typical hours of operation would be until 10:00 p.m. on Monday through Friday, and until 11:30 p.m. on Saturday and Sunday, It is anticipated the restaurant will be open seven days per week. There would be a bar seating approximately twelve persons. Restaurant seating would entail approximately 48 people. Some discussion occurred regarding outside seating on the premises. Planner Martin stated the request before the Commission this evening does not incorporate outside seating nor the sale/consumption of alcoholic beverages outside of the building. Ms. Kaewnopparat stated there would be carry-out, dine-in and possibly delivery services available. In response to concerns raised regarding unruly patrons, Ms. Kaewnopparat stated the restaurant staff would be trained as to the City’s liquor control ordinance. Patrons who over- imbibed would be refused further alcoholic beverages. If necessary, restaurant staff would call for cab service. Chairman Pro Tem Buhrman noted there were no comments and/or questions by anyone in the audience. Chairman Pro Tem Buhrman, noting there was no further testimony by the applicants, Page 4 P&Z Commission 11/21/02 nor comment or questions from the Commission, sought a motion with regard to the applicants’ request. Motion by Cadotte, seconded by Nadeau, to recommend to Council that with regard to File No. Z-565, an application for conditional use permit to allow the operation of a restaurant serving alcoholic beverages at 1225 North Green Street, as submitted by Thotsaporn Chulert, be granted; and that Table 31, the Approval Criteria for Conditional Use, pages 357-358 of the Zoning Ordinance, has been met. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Franzen, Howell. Motion carried 5-0. Chairman Pro Tem Buhrman closed the Public Hearing at 7:59 p.m. Other Business Planner Martin noted the following matters pending before the Commission: • December 5th, 3425 West Pearl, Conditional Use for Irish Pub restaurant. • December 5th , 2914 West Route 120, recessed hearing. • December 19th, Illinois State Bank drive-thru • December 19th, Boone Creek Unit 6 Final Plat Motion by Cadotte, seconded by Ekstrom, to adjourn the meeting at 8:07 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen, Howell. Motion carried 5-0. 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.