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HomeMy WebLinkAboutMinutes - 03/11/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION Special Meeting March 11, 2004 The March 11, 2004 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:32 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Also in attendance: Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill, and Court Reporter Gina Zangara. Public Hearing: Terry and Doreen Wilborn File No. Z-608 4907-4909 West Elm Street Chairman Howell at 7:35 p.m. reconvened the Public Hearing regarding: • an application for conditional use permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing; • an application for variance to permit a lot width of 160’ along an arterial roadway in a commercial zoning district; as filed by Terry and Doreen Wilborn for the property located at 4907-4909 West Elm Street in McHenry. In attendance for the applicant were Attorney Thomas Cowlin and Petitioner Terry Wilborn. Chairman Howell noted Mr.Wilborn was sworn in at the initiation of the Public Hearing on February 19, 2004. Also in attendance in the audience were the following: 1. Samuel Diamond, 3431 West Elm Street, McHenry. 2. Jerry Davenport, 137 Cross Trail, McHenry. 3. Jack and Sherri Moos, 4911 West Elm Street, McHenry. 4. Robert and Connie Young, 2207 Aspen, Woodstock, IL 60098. 5. Jeff and Teresa Beckler, 3407 Forest Rd, McHenry. 6. Victoria and Michael Warren, 1309 N Hillside Lane, McHenry. 7. Jim and Mary Beth Ong, 1517 N Meadow Lane, McHenry. 8. Jim Molnar, 1019 Hanley, McHenry. 9. David Albanese, 1222 Tamarack Ct, McHenry. 10. Al Payne, 5003 West Bonner Drive, McHenry. 11. Bill Britton, 4904 West Bonner Drive, McHenry. 12. James Mueller, 4910 West Bonner Drive, McHenry. 13. Jessica Palko, 4910 West Bonner Drive, McHenry. 14. Katie Moos, 4900 West Bonner Drive, McHenry. 15. Joe Kirchmeyer, 849 Rhodes St, Woodstock IL 60098. 16. James and Susan Wilmington, 4714 Patty, Ringwood, IL 60072. 17. Brian and Joyce Bara, 1307 N Riverside Drive, McHenry. 18. Carol and Jim Chrisman, 1411 Glen Drive, McHenry. 19. Bob Gray, 2305 Edgewood Ct, McHenry. P&Z Commission March 11, 2004 Page 2 20. Jim and Mary Finch, 4818 Inmans Way, Ringwood, IL 60072. 21. Rex Olson, 4910 West Elm Street, McHenry. 22. Chuck Beckler, 1918 North Flower Street, McHenry. 23. Merle Janssen, 3215 Bayview Lane, McHenry. 24. Tim and Tibby Lamz, 4216 South Street, McHenry 25. Jeff Schirmbeck, 4914 Glenbrook Trail, McHenry. 26. Todd Griglin, 4744 Crystal Trail, McHenry. 27. Gary and Jean Busse, 4914 West Bonner Drive, McHenry. 28. LadonnaWright, 2216 North Ringwood Rd, McHenry. 29. Steve Schule, 7315 Beach Ct, Wonder Lake IL 60097. 30. Joseph Kirchmeyer, 847 Rhodes St, Woodstock IL 60098. 31. Jeff Schirmbeck, 4914 Clearbrook Tr, McHenry. 32. Kenneth Neveitt, 4908 Bonner Dr, McHenry. 33. Mark Cherry, 5123 Wonder Woods Dr, Wonder Lake IL 60097. Chairman Howell explained the hearing procedures noting the Public Comment portion of the hearing was recessed on February 19th and continued to this evening. Following the conclusion of the Public Comment, the Public Hearing will once again be recessed until April 1st at which time the Commission will reconvene to deliberate and take forma action on the Petition. Both the Attorney for the Applicant and the Attorney for the Objectors will present their findings on April 1st prior to final deliberation by the Commission. Although Public Comment will not be allowed on April 1st, members of the public are encouraged to attend the hearing to observe the proceedings. Chairman Howell invited Public Comment regarding the matter currently before the Commission for review, noting each person who testified was required to be sworn in prior to making their statement. Jeff Beckler, 3407 Forest Road, McHenry: Mr. Beckler noted Happy Jack’s sponsorship of youth activities and athletic programs and stated the community’s appreciation for the good memories created at Happy Jack’s. Noting the possible siting of a bar/restaurant adjacent to Happy Jack’s, he expressed concerns regarding the safety of children and youth of patrons and the youthful Happy Jack’s workforce. He opined this is not an appropriate location for a restaurant/bar as it is adjacent to a residential district. Mr. Cowlin cross-examined the witness. Theresa Beckler, 3407 Forest Road, McHenry: Ms. Beckler stated both of her sons work at Happy Jack’s, noting the great environment exhibited there and the wholesome environment provided for her sons and area families. He expressed her concern that the traditions and atmosphere of Happy Jack’s be preserved for posterity and her regret as to what can happen as a result of the bar/restaurant being located adjacent to Happy Jack’s Brian Bara, 3813 Waukegan Road, McHenry: Mr. Bara presented a letter into the record of a concerned citizen who was unable to be present for this evening’s proceedings. Mr. Bara addressed the Commission citing the previous history of Sloppy T’s management, noting the proposed management of the proposed restaurant/bar could reasonably be assumed to be similar P&Z Commission March 11, 2004 Page 3 to that previously exhibited by Sloppy T’s. Anticipating future management of the subject property one must rely on past records of this manager. He opined it is not in the best interest of the city to approve this proposed request for conditional use. Mr. Cowlin cross-examined the witness. Kenneth Neveitt, 4908 Bonner Drive, McHenry: Mr. Neveitt noting he resides adjacent to the subject property, stated his fear for the safety of his grandchildren as they go to Happy Jack’s through his back yard. He stating a restaurant/bar should not be located adjacent to a residential area. He was worried about patrons drinking and driving, fights, and other untoward behavior exhibited by the patrons of the bar/restaurant. Mr. Cowlin cross-examined the witness. Mary Beth Ong, 1517 Meadow Lane, McHenry: Ms. Ong noted her concerns regarding the patrons’ behavior at Sloppy T’s and worried these behavior patterns would be repeated across the street a the proposed sit of the bar/restaurant. Ms. Ong iterated a couple of examples of inappropriate behavior exhibited by Sloppy T’s patrons and noted her desire that such behavior would most likely occur at the proposed bar/restaurant as the management was the same for both establishments. Mr. Cowlin cross-examined the witness. James Molnar, 1019 Hanley Street, McHenry: Mr. Molnar noted he had several concerns regarding the proposed bar/restaurant: • Types of customers; • Environmental concerns; • Drinking and driving; • Safety of children in Happy Jack’s parking lot; • Noise; • Lack of business plan; • No architectural renderings of the proposed building; • Question regarding the proposed business being primarily a tavern or a restaurant. Mr. Cowlin cross-examined the witness. Joseph Kirchmeyer, 849 Rhodes Street, Woodstock: Mr. Kirchmeyer noted he recently moved to Woodstock, however, he previously lived within 250’ of Sloppy T’s. He expressed concern regarding the safety of children, Happy Jack’s employees and patrons. Gary Busse, 4914 Bonner Drive, McHenry: Mr. Busse stated he and his family have resided directly behind Happy Jack’s for 34 years. He expressed his concerns regarding safety, security noise, and property values if the proposed conditional use is granted by the city. He stated his life and the viability of Happy Jack’s would both be negatively impacted if a bar/restaurant is cited at the proposed location. Mr. Cowlin cross-examined the witness. Mike Warren, 1309 Hillside Lane, McHenry: Mr. Warren opined the primary use time of the proposed bar/restaurant would be 9 p.m. until 1 a.m. on Sunday through Thursday, and 9 p.m. until 2 a.m. on Friday and Saturday. He stated the applicant’s intent to attract an upscale clientele through his restaurant offerings. Yet the applicant approached Happy Jack’s owner Jack Moos to have him cater food for the restaurant. This does not appear to be consistent with establishing a P&Z Commission March 11, 2004 Page 4 new identity associated with the applicant’s business and a draw for a different clientele. He opined the applicant is merely attempting to move his existing operation across the street. Mr. Cowlin cross-examined the witness. James Mueller, 4910 Bonner Drive, McHenry: Mr. Mueller stated he is strongly opposed to this project. He worried his property value would be dramatically decreased if the request for conditional use is granted. He stated Mr. Wilborn at the very least should have provide a building blue print, architectural rendering and detailed site plan for the Commission’s review. The proposed parking lot plan is inadequate for the proposed use. He opined this is not a logical place for a bar/restaurant. Bob Gray, 2305 Edgewood Court, McHenry: Mr. Gray stated he would not have allowed his children to work at a place adjacent to a bar/restaurant. A potential for problems would occur if this request is granted. He noted Happy Jack’s is a fun-loving environment and he hopes it is able to retain this atmosphere. Victoria Warren, 1309 Hillside Lane, McHenry: Ms. Warren stated her opposition to locating a bar/restaurant adjacent to Happy Jack’s. The proposed project would not be an asset to the community. Ms. Warren was cross-examined by Mr. Cowlin. Todd Griglin, 4744 Crystal Trail, McHenry: Mr. Griglin stated Happy Jack’s has been participatory in supporting local youth for years. Mr. Moos donates ice cream to local schools for ice cream socials. Mr. Moos is very community-minded. Noting zoning is a way of protecting the community, he stated Mr. Wilborn’s current establishment has many problems which negatively impact the community. Mr. Griglin suggested Mr. Wilborn relocate his operation outside of the McHenry city limits. Bill Britton, 4904 Bonner Drive, McHenry: Mr. Britton expressed his concerns regarding the proposed establishment being an upscale bar/restaurant on the subject property. He noted loud music, loud motorcycles, headlights shining in his home, inadequate amount of parking, were of major concern. He stated he could not see how moving a bar across Route 120 would make it an upscale establishment. Todd Marler, 5004 Bonner Drive, McHenry: Mr. Marler stated he had two issues with the proposal. Mr. Wilborn’s property located at the corner of Meadow and Elm Street and the Sloppy T’s Bar could both use some property maintenance. He opined the new establishment would be a bar and not primarily a restaurant. He questioned whether this proposal would be the highest and best use for this property. He stated the city should investigate other uses for this property. Jeff Schirmbeck, 4914 Glenbrook Trail, McHenry: Mr. Schirmbeck stated he could not understand the city permitting this type of establishment adjacent to a family-oriented ice cream parlor and sandwich shop. Mr. Schirmbeck expressed concern regarding: • noise pollution; P&Z Commission March 11, 2004 Page 5 • alcoholic beverages being served in such close proximity to a place where so many children can be found; • overflow parking problems; • his son’s safety, as he is a “closer” employee at Happy Jack’s. He asked the Commission to deny the request for conditional use. Rob Young, 2207 Aspen Drive, Woodstock: Mr. Young noted he owns the property immediately east of the subject property. The proposed use would decrease his property values and make his office space more difficult to lease. Joyce Bara, 3813 Waukegan Road, McHenry: Ms. Bara state Mr. Wilborn has made no effort to improve his existing properties in town. The city has only Mr. Wilborn’s past history as a business manager of Sloppy T’s to go by. She opined the proposed use would not be an asset to the community. There were no further Public Comments. Chairman Howell closed the Public Comment portion of the hearing at 9:18 p.m. Chairman Howell stated the Public Hearing will reconvene on April 1, 2004 at 7:30 p.m. at which time closing statements by the Petitioner and Objector’s Attorney, and City Staff will be provided. The public is welcome to observe the proceedings. Motion by Cadotte, seconded by Buhrman, with regard to File No. Z-608, to recess the Public Hearing until Thursday, April 1, 2004 at 7:30 p.m. in the McHenry Municipal Center Council Chambers. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None: Not Voting: None. Abstaining: None. Absent: Franzen. Motion carried 6-0. Chairman Howell recessed the Public Hearing at 9:22 p.m. Respectfully submitted, _________________________________ Kathleen M. Kunzer, Deputy Clerk 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.