Liquor license, height variance approved by Machesney Park

By Bob Balgemann

REPORTER

The village board has approved two items that came from separate advisory sources – its liquor commission and the planning and economic development committee (PED).

Trustees on Sept. 21 gave first reading approval to the requested variance from accessory building height regulations, to allow construction of a 20-foot-tall garage on property at 623 Otto Road. The land is zoned single-family residential (R-1) and is more than one-half acre in size, which would allow a garage of more than 1,000 square feet. But the proposed 20-foot height is five feet more than what is allowed.

This is a detached garage, which would be accessed off Brentwood Drive, and is in an area of larger residential lots.

First stop for the request was the planning and zoning commission (P&Z) on Aug. 24.

Planning and Zoning Specialist Carrie Houston began by saying there was no hardship, nor any unusual property characteristics, which would make it difficult to build a shorter garage.

There are six criteria that must be met for a variance to be approved. One of them reads as follows: “Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.”

That standard was the only one of the six that was not met.

But Specialist Houston said while there was no hardship, nor unusual characteristics of the property, staff found the garage fit the character of the area and would not be a detriment to the surroundings. Therefore, staff recommended approval of the request with two conditions:

1. A paved driveway to access the garage off Brentwood Road must be permitted prior to the final building inspection of the garage.
2. The garage design and location must be substantially consistent with plans submitted on July 27, 2020, with the variance application.

The applicants for the variance, Todd and Tonya Tidwell, attended the meeting remotely.

During discussion that followed, Commissioner Greg Scalise asked the Tidwells why they wanted the garage to be so tall? Todd Tidwell responded they would be storing a 10-foot-tall camper in the building.

But commissioners wondered why the garage in plans submitted to the village only had a door that was eight feet tall? Todd Tidwell said he didn’t recall what the plans from Menards showed, but that they would like the garage to store the camper. During additional discussion, commissioners wondered why the pitch in the roof had to be so high? The response was a storage area was being planned for the area above the trusses.

Commissioner Mike Meier inquired about the three-foot setback from the southern property line, which was indicated on the site plan, and wondered why a larger front setback was not being required?

Houston explained that was not actually the front property line, and that the dotted lines indicated the property boundary showed the original lot where the garage would sit. That is being combined with the lot to the north, where the Tidwell home is located.

It was explained earlier that the Tidwells bought the vacant lots to the south of their home, so they could own all of the land between Otto Road and Brentwood Road. That would allow construction of the new garage, with access from Brentwood Road. Beyond that, the garage would be set back 250 feet from Brentwood Road.

Commissioners ultimately voted 6-0 to recommend approval of the variance.

The planning and economic development committee met Sept. 8 and recommended approval, without discussion.

On Sept. 21 the board voted unanimously, also without discussion, to approve Ordinance 37-20, granting the variance, on first reading. Second and final reading is expected at this Monday night’s meeting.

Liquor license

A resolution allowing issuance of a Class B liquor license for a convenience store at 11225 N. Second St. was approved by the village board, in a unanimous vote, on Sept. 21. Having such a license allows the holder to sell alcohol for retail carryout, in original packaging, while prohibiting on-premises consumption.

Planning and Zoning Specialist Carrie Houston also handled this case Sept. 8, when it appeared before the liquor commission.

She said the convenience store was abandoned for several years, before it was improved and reopened in 2018. In December 2018, the village board approved a Class B liquor license for that location. But that license expired on April 30, 2020, she said, and was not renewed. The business now is under new management and they are seeking their own Class B license to sell packaged alcohol for retail carryout.

This property is at the corner of North Second Street and Forest Hills Road, and is zoned commercial general.

There is a mix of zoning, with a variety of uses, surrounding this property.

To the north the zoning is village commercial community, with right of way and a gas station at that location; on the south is village general industrial zoning and vacant land; to the east is more village general industrial, with a financial institution on that property; and on the west is a combination of village commercial community and village agricultural, with residences at that location.

Hours for the convenience store will be 6 a.m. to 10 p.m. seven days a week.

The village’s 2010 comprehensive plan calls for corridor commercial uses on this property, with the proposed business being in compliance with the plan.

Staff found that if all applicable zoning, building, health and fire codes were met, the petitioner’s request for a Class B liquor license would substantially comply with all ordinances of the village.

However, prior to issuance of the license, staff must approve exterior building colors; parking stalls in the lot must be restriped, including the handicapped parking space including signage as required by the Accessibility Code.

License income

The village has 10 different classes of liquor licenses, with varying fees. The Class B license is the second most expensive, costing $1,500 a year. A maximum of 15 are allowed to be active at any one time, and that currently is the case. Overall, according to the 2020-21 budget summary, the village has 56 active liquor licenses within the 10 classes, two more than last year.

Most costly is the Class BB license, at $2,500 a year. This one allows on-premises consumption in an establishment that has up to six video gaming machines. The least expensive are the Class SU and Class SE licenses, at $100 a day, for a special use or a special event.

Income from liquor licenses alone will be an estimated $75,000 in the 2020-21 fiscal year, which began May 1 and will conclude April 30, 2021. Revenue was budgeted at $70,000 last year, but wound up being an estimated $91,375. Previously, income was an actual $79,433 in 2018-19 and $73,217 in 2017-18.

Revenue from liquor licenses, cable and natural gas franchise fees and a 5 percent hotel/motel tax, for 2020-21, will be a projected $387,500. That’s the same as in 2019-20, but the estimated revenue for that year was $415,714.

License income was an actual $408,765 in 2017-18 and $407,032 in 2018-19.