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City of Kewanee Plan Commission met June 5.

Here are the minutes provided by the Commission:

The Plan Commission convened on June 5, 2024 in City Council Chambers, at 401 E Third Street, commission members Costenson, Smith and Silva were absent. For business, there was one case to be heard.

Case Number 1:

Parcel 20-28-455-018 Located at 200 E. 7th St., Request for a Special Use Permit to allow a beer garden.

Property Owner: Jodi Pettitt, 445 W. Mill St. Kewanee, IL. 61443.

Address: 200 E. 7th St.

Legal Description: LT 7 BLK 3 W H LYLES 1ST ADD CITY OF KEWANEE (EZ], Henry County, Illinois.

Location: On the Northeast corner of E. 7th St. and Burr St.

Dimensions: 159 feet East to West, 60 feet North to South

Area: 9540 sq. ft.

Existing buildings or uses: Time Out Pub and Grub, lawful non-conforming bar.

Current Zoning District: R-2 One-Family Dwelling District.

Surrounding Zoning: R-2 One-Family Dwelling District.

Existing Land Use: Commercial.

Proposed Land Use Map: Low Density Residential.

Background Information:

On May 13th, it was brought to my attention that a new fence and beer garden area was constructed off the East side of the Time Out Pub and Grub at 200 E 7th Street. I contacted the landowner, Jodi Pettitt, who then had the bar manager, Taureen Bond, contact me.

Bond was misinformed at City Hall about needing a fence permit application. The source of misinformation has been addressed and Bond applied for the proper permit.

Bond was informed about the Special Use Permit process to be able to utilize the fenced area as a beer garden.

Additional information:

The Timeout Pub and Grub had a period of time where it sat vacant. In mid-June of 2019 Jodi Pettitt wanted to re-open the bar. Because the bar exists within a Residential District, the bar held a lawful non-conforming (grandfathered) status; however, the bar was vacant for more than one year which causes the lawful non-conforming status to be lost and the property reverts back to its Residential status. Pettitt petitioned the City Council with a "Request for Continuance of Non-Conforming Use" and the request was approved at the July 8, 2019 City Council meeting. Since the re-opening of the bar, it has remained in use in conformity with the city ordinance. PLEASE NOTE: The continuance of the non-conforming use DID NOT include the beer garden area. Bond was not aware of this fact. After Bond was made aware of this information, Bond was apologetic and stated that he understood and immediately applied for the Special Use Permit and paid the appropriate fees.

Included in this packet are copies of the Request for Continuance of Non-Conforming Use and Staff Report for the July 8, 2019 City Council Meeting.

The city has no objections to the special use application.

Below are some suggested stipulations.

1. The Special Use Permit for a beer garden/outdoor eating area is granted to Taureen Bond, dba Timeout Pub & Grub, and his assigns, only after inspection and approval by the City of Kewanee Building Official and City Manager.

2. The configuration and uses of various parts of the beer garden/outdoor eating area shall remain in substantial compliance with the floor plan submitted along with the petition for the Special Use Permit.

3. No package sale of liquor, or carryout sale of liquor is allowed.

4. All activities associated with this Special Use Permit for the proposed beer garden/outdoor eating area shall be conducted in full compliance with the Kewanee City Code and the laws and regulations of the State of Illinois

5. Any violation of the terms and conditions of the Special Use Permit are subject to review and possible revocation by the Plan Commission and City Council.

6. The beer garden/outdoor eating area shall close at 11:00 pm Sunday through Thursday and at midnight Friday and Saturday.

Special Use Permit Criteria (155.157 C)

(1) That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience, and will contribute to the general welfare of the neighborhood or community;

(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity, and

(3) That the proposed use will comply with the regulations and conditions specified in this chapter for such use, and with the stipulations and conditions made a part of the authorization granted by the Council.

The Public hearing:

At 5:30 p.m. on June 5, 2024 the hearing for the requested Special Use Permit began. Taureen Bond and was present to support the petition.

• Sellers asked for a motion to consider the Special Use Permit application.

• Hasse made a motion to consider the Special Use Permit application. Hodge 2nd the motion.

• Edwards read the background information.

• Bond said they took over the bar in October 2023, they currently employ 21 people, they also won 2nd place for best bar in the tri-county area. Bond said when they cleaned up the area behind the bar, they found numerous needles so fencing in the area should help reduce that kind of problem in the immediate neighborhood. Bond said they plan to purchase the bar later in the year once they have established enough bookkeeping history to satisfy the bank. Business has been thriving and they would like to increase their business with outdoor dining and maybe some bands.

• Morgan Glowner, 201 E 7th St, spoke in opposition to the Special Use Permit application for a beer garden. Glowner stated when her family first moved in, there was no bar across the street. The neighborhood was quiet, and they worked hard to fix up their home and increase their property value. Glowner claimed that when the bar re-opened, their property value plummeted. Glowner said over the last couple of years she has had people sleeping on her porch and knocking at the door at 2am and has found beer cans, bottles, and underwear in her yard. Glowner said there is talking and arguing outside that is so loud she can not hear her own TV without blasting the volume. Parking has also become a concern and it becomes difficult to park her own vehicle on the weekends. Glowner asked the plan commission to keep the bar operations within the confines of the building and to not allow the beer garden.

• Bond came forward to read an email from a neighbor that lives 623 N Burr St. The email that Bond read was in favor of the beer garden and the bar. Bond said they want to be a good neighbor and if there are any problems, Bond said the neighbors can contact him and they will do everything they can to keep the peace.

• There was general discussion concerning the hours of operation which are addressed in the stipulations.

• There was additional discussion concerning special events that may need further approval through the City Council. Similar to what Cerno's does during Hog Days. There were no suggestions from the plan commission to modify the stipulations.

• Edwards added that the Timeout Pub & Grub is not in the Entertainment Area defined in the City Code of Ordinances (132.04 (D)(1)(a)) which is in the uptown area. Outside of that area, if there are noise/band complaints, the event could be shut down.

• Kuffel added that if there are noise or parking issues residents can contact the police department to get the issues addressed.

Recommendation:

The Plan Commission recommends, by a vote of six in favor, none opposed, to grant the Special Use Permit for a beer garden to Taureen Bond dba Timeout Pub & Grub for property located at 200 E. 7th St., Kewanee, IL.

• Sellers asked for a motion to consider the suggested stipulations.

• Hasse made a motion to consider the stipulations. Hemphill 2nd the motion.

• Edwards read the stipulations and explained how a special use could potentially be revoked if the stipulations are violated.

• Edwards made a recommendation to Bond, that if they are wanting to have a band or special event, it might be a good idea to go door to door to speak with the neighbors about it and see if they can adjust the time or dates to reach some sort of agreement to keep everyone happy.

Recommendation:

The Plan Commission recommends, by a vote of six in favor, none opposed, to approve the suggested stipulations.

There being no further business the meeting adjourned at 5:49 p.m.

https://cms5.revize.com/revize/kewaneeillinois/Plan%20Commission%20Minutes%20June%205%202024.pdf