HomeMy WebLinkAboutMinutes - 03/19/2009 - Planning and Zoning CommissionCity of McHenry
Planning and Zoning Commission Meeting
March 19, 2009
Chairman Howell called the March 19, 2009 regularly scheduled meeting of the City of
McHenry Planning and Zoning Commission to order at 7:31 p.m. In Attendance were the
following: Buhrman, Howell, Nadeau, Schepler, Thacker. Absent: Ekstrom. Also in attendance
were: Attorney Carlos Arevelo, Planner Kolner.
Approval of Minutes
Motion by Nadeau, seconded by Buhrman, to approve the minutes of the Planning and Zoning
Commission as presented:
February 19, 2009 regularly scheduled meeting.
Voting Aye: Buhrman, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Ekstrom.
Motion carried 5-0.
Public Hearing: Jimano’s Pizzeria
File No. Z-739
366 Bank Drive
Conditional Use Permit
Chairman Howell called the Public Hearing to order at 7:33 p.m. regarding File No. Z-739, an
application for conditional use permit to allow the operation of a restaurant serving alcoholic
beverages as requested by Bob Seale for Jimano’s Restaurant located at 366 Bank Drive in
McHenry.
In attendance representing the applicant was Bob Seale, owner of Jimano’s Pizzeria, and Patrick
Plunt, who were sworn in by Chairman Howell
Chairman Howell stated notice of the Public Hearing was published in the Northwest Herald on
March 3, 2009. Notices were mailed to all abutting property owners of record via certified
mailing. The subject property was posted as required by ordinance. The Certificate of
Publication, certified mailing receipts, and affidavit of posting are all on file in the City Clerk’s
Office.
Mr. Seale stated he is seeking a conditional use permit to allow the service of beer and wine at
his restaurant. He stated he does not intend to have a full-service bar. Beer and wine would be
offered for dine-in customers only. Mr. Seale noted he purchased the business in June 2008 and
stated his business has increased 300% since the purchase.
Planner Kolner provided the commissioners with the Staff Report regarding this matter. She
reiterated that a conditional use permit is required as Mr. Seale would like to sell beer and wine
in conjunction with his restaurant. The application for liquor license would be reviewed and
Planning and Zoning Commission
March 19, 2009
Page 2
considered by the Mayor with a recommendation to full Council for authorization. Planner
Kolner stated the request for conditional use permit is consistent with other restaurants in the
City and Staff supports the request.
In response to an inquiry, Mr. Seale stated he has been in the pizza business for 14 years and
currently owns restaurants in four locations. He has owned up to eight restaurants at one time. He
noted he specializes in buying restaurants that are failing and turning them around so that they
are making a profit. The next step to expand the business for the McHenry restaurant is to be
able to serve beer and wine to his patrons.
Responding to an inquiry as to what parts of the business have increased so rapidly (300%), Mr.
Seale stated primarily the carry-out and delivery have increased. He stated with the sale of beer
and wine, he hoped the dine-in business will increase as well.
Mr. Seale stated the hours of operation are 10 a.m. until 10 p.m. However, once the liquor
license has been granted, he would hope to extend restaurant hours to 11 p.m. or midnight.
In response to a question from the commissioners, Mr. Seale stated the seating capacity of the
restaurant is 52 for dine-in service.
Concern was expressed regarding the safety of vehicles exiting onto Route 31, particularly those
turning south from Bank Drive, particularly after the driver has imbibed in alcoholic beverages.
Mr. Seale responded he has recently hired a BASSET-certified employee who is knowledgeable
regarding the rules and regulations concerning the service of alcoholic beverages. Mr. Seale also
noted Jimano’s will continue to be a family-oriented restaurant. He is willing to do whatever they
can to keep someone off the road who has had too much to drink.
Responding to an inquiry as to the location of Mr. Seale’ other restaurant locations, Mr. Seale
stated he currently owns restaurants in Waukegan, Gurnee and Fox River Grove. Answering a
follow-up question, Mr. Seale stated alcoholic beverages are not being served at his other
locations and the restaurant seating capacities are inadequate.
Brief discussion occurred regarding the ability of Mr. Seale to serve beer and/or wine to his
patrons who do not also choose to order food. Attorney Arevelo stated per the terms of the liquor
license Mr. Seale would be seeking, profit from food sales must exceed that from beer and/or
wine.
In response to Chairman Howell’s inquiry there was no public comment regarding this matter.
Motion by Nadeau, seconded by Buhrman, to recommend to McHenry City Council, that with
regard to File No. Z-739, a request for a conditional use permit to allow a restaurant serving
alcoholic beverages, as submitted by Bob Seale, owner of Jimano’s Pizzeria, located at 366 Bank
Drive, be granted, subject to the condition that the conditional use permit shall expire and
become null and void if the restaurant (Jimano’s Pizzeria) closes (defined as not being
operational, i.e. serving customers for a period of six continuous months, and that Table 31, the
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March 19, 2009
Page 3
Approval Criteria for Conditional Use Permits, pages 357-358 of the Zoning Ordinance, has
been met.
Voting Aye: Buhrman, Howell, Nadeau, Schepler, Thacker.
Voting Nay; None.
Not Voting: None.
Abstained: None.
Absent: Ekstrom.
Motion carried 5-0.
Other Business
Commissioner Buhrman announced the funeral for Commissioner George Cadotte is scheduled
for Monday, March 23, 2009 at Colonial Funeral Home. Visitation is on Sunday, the 22nd.
Planner Kolner announced the next meeting is scheduled for April 2, 2009 and will include
annexation and map amendment of the property located at 2919 Mourine Lane.
Commissioner Thacker stated the pedestrian crossing street light on Crystal Lake Road and Dart
moor Drive is not working properly.
Adjournment
Motion by Nadeau, seconded by Thacker, to adjourn the meeting at 8:04 p.m.
Voting Aye: Buhrman, Howell, Nadeau, Schepler, Thacker.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: Ekstrom.
Motion carried 5-0.
The meeting was adjourned at 8:04 p.m.
Respectfully submitted,
_______________________________
Kathleen M. Kunzer, Deputy Clerk
City of McHenry