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HomeMy WebLinkAboutMinutes - 04/01/2004 - Planning and Zoning CommissionMinutes of the City of McHenry PLANNING AND ZONING COMMISSION April 1, 2004 The April 1, 2004 meeting of the City of McHenry Planning and Zoning Commission was called to order by Chairman Howell at 7:31 p.m. in the McHenry Municipal Center Council Chambers. Commission members in attendance: Buhrman (arrived at 7:36 p.m.), Cadotte, Ekstrom, Howell, Nadeau, Thacker. Absent: Franzen. Also in attendance: Alderman Murgatroyd, Planner Martin, Deputy Clerk Kunzer, Attorney Kelly Cahill, and Court Reporter Gina Zangara. Approval of Minutes Motion by Cadotte, seconded by Nadeau, to approve the Planning and Zoning Commission minutes as follows: • March 4, 2004 regularly scheduled meeting • March 11, 2004 special meeting. Voting Aye: Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Buhrman, Franzen. 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 were Robert and Connie Young, 2207 Aspen, Woodstock, IL 60098. Chairman Howell explained the hearing procedures, noting the Public Comment portion of the hearing was closed on March 11, 2004. The Public Hearing was recessed until this evening. This evening the Commission will deliberate and take formal action on the Petition. Chairman Howell noted the Attorney for the Applicant, the Attorney for the Objectors, and Staff have provided the Commission with Findings of Fact for review prior to this evening’s meeting. Chairman Howell invited closing comments by the Applicant. Attorney Cowlin advised the Chair he would let the record stand on his written Findings of Fact. Chairman Howell noted P&Z Commission April 1, 2004 Page 2 Attorney Diamond had also provided written Findings of Fact which have been accepted into the record of the proceedings. Planner Martin provided the Commission with an overview of Staff’s Findings of Fact. With regard to the request for variance to allow a 160’ lot width as opposed to the required 200’ along Route 120, Staff supports the request. The proposed combination of the two lots into one zoned commercial lot along Route 120 will improve the property and make it more commercially usable. With regard to the request for conditional use permit, Staff has reviewed all testimony including the transcripts of all previous hearings regarding this petition. Planner Martin notes testimony has been inconsistent. The Applicant did not adequately address the negative impact the proposed use would have on the adjacent property owners, particularly the single family residents. The Applicant did not provide the city with a sound business plan for the proposed operation. Planner Martin stated the Applicant did not establish proof that the Approval Criteria for conditional use permits found in Table 31 of the Zoning Ordinance had been met. Staff recommends that the request for a conditional use permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing be denied. In response to Chairman Howell’s request for Commission discussion regarding the Findings of Fact, there was none. Motion by Ekstrom, seconded by Nadeau, to recommend to the City Council, with regard to File No. Z-608, an application for Variance to permit a lot width reduction from 200’ to 160’ along Route 120, as filed by Doreen and Terry Wilborn, for the property located at 4907-4909 West Elm Street, the request be granted; and that Table 32, the Approval Criteria for Variances, on pages 377-378 of the Zoning Ordinance, have been met. Voting Aye: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: Cadotte. Not Voting: None. Abstained: None. Absent: Franzen. Motion carried 5-1. Comments from Commissioners regarding request for variance: Buhrman concurred with City Planner, noting the request for variance is appropriate for this property as the need was not brought about by any actions of the Applicant. Combining the two parcels into once zoned lot will improve the property along Route 120. Ekstrom noted the combining of the two parcels is in the best interest of the city. P&Z Commission April 1, 2004 Page 3 Howell, Nadeau and Thacker concurred with Buhrman and Ekstrom. Motion by Cadotte, seconded by Nadeau, to recommend to the McHenry City Council, with regard to File No. Z-608, an application for Conditional Use Permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing for the property located at 4907- 4909 West Elm Street, as filed by Doreen and Terry Wilborn, the request be granted, even though the Approval Criteria contained in Table 31 have not been met; and further, that the City of McHenry Findings of Fact regarding Case No. Z-608 be incorporated into the motion. Voting Aye: None. Voting No: Cadotte. Not Voting: Buhrman, Ekstrom, Howell, Nadeau, Thacker. Abstained: None. Absent: Franzen. Motion was withdrawn. Motion by Cadotte, seconded by Nadeau, to recommend to the McHenry City Council, with regard to File No. Z-608, an application for Conditional Use Permit to allow a restaurant serving alcoholic beverages and having live entertainment and dancing for the property located at 4907- 4909 West Elm Street, as filed by Doreen and Terry Wilborn, the request be denied, that the Approval Criteria contained in Table 31 have not been met; and further, that the City of McHenry Findings of Fact regarding Case No. Z-608 be incorporated by reference into the motion. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting No: None. Not Voting: None. Abstained: None. Absent: Franzen. Motion carried 6-0. The recommendation was made to deny the Applicant’s request. Comments from Commissioners regarding the request for conditional use permit: Cadotte stated his belief the applicant did not intend to place an upscale restaurant at this location and he did not concur with a bar at this location. Ekstrom expressed her concerns regarding lack of adequate parking, lack of detailed business plan, service of alcoholic beverages and hours of operation adjacent to an established residential neighborhood. In addition, no Staff training regarding the service of alcohol was mentioned. Ekstrom suggested the proposed project might be better suited at an alternative site but not at the proposed location. Chairman Howell stated his concerns regarding some of the statements made by the objectors of this project. He opined the residents and adjacent business owners may have overreacted to the P&Z Commission April 1, 2004 Page 4 proposed request. Two major concerns, however, have not been adequately addressed by the applicant: parking and noise. Nadeau noted the proposed location is not appropriate for the proposed use. Thacker concurred with Ekstrom and Chairman Howell. The lack of necessary parking is a major concern. Live music is not appropriate adjacent to a residential neighborhood. This is not the right location for this project. Thacker commended the applicant on improving an eyesore in the community by tearing down the existing buildings on the site. However, the lack of parking is a problem. The proposed use is not in harmony with surrounding uses. Thacker also concurred that many people have overreacted to the Applicant’s proposal. Buhrman stated the Applicant has not provided a realistic plan for his operation. He concurred with the analysis of his fellow commissioners. Chairman Howell adjourned the Public Hearing at 8:01 p.m. Other Business Planner Martin reported on recent Council action at its March 15, 2004 and March 29, 2004 regularly scheduled meetings. He noted the city’s Zoning Map has been annually updated as required by State Statutes. Copies were distributed to the commissioners. Planner Martin announced the next Planning and Zoning meeting will be held on April 15, 2004. A Special Meeting has been scheduled for April 22, 2004. Adjournment Motion by Cadotte, seconded by Nadeau, to adjourn the meeting at 8:04 p.m. Voting Aye: Buhrman, Cadotte, Ekstrom, Howell, Nadeau, Thacker. Voting Nay: None. Not Voting: None. Abstained: None. Absent: Franzen. Motion carried 6-0. 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.