PRELIMINARY STAFF PLANNING REPORT TO THE WALWORTH COUNTY ZONING AGENCY X CONDITIONAL USE

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1 This report was prepared prior to the public hearing. This report may be supplemented or amended to reflect the review of additional information presented at the public hearing and written material submitted up to the meeting at which the decision is made by the Walworth County Zoning Agency. PRELIMINARY STAFF PLANNING REPORT TO THE WALWORTH COUNTY ZONING AGENCY TYPE OF PETITION: REZONE X CONDITIONAL USE NAME: THT Holding, LLC, Mike Healy Mike Senft, applicant LOCATION: The property of concern is located in the SW ¼ of section 26 and NW ¼ of section 35 of LaGrange Township and is identified as Tax Parcels HA and HGP-18L. TOWN RESPONSE: Approved X Denied: No Action: Tabled Town Chairman Frank Taylor has indicated that the Town approved all the requested areas and activities expressed in the new request during the original review and approval on April 13 th, ZONING: The property is zoned B-2 General Business District. PROJECT DESCRIPTION: The application indicates: The property owner is seeking approval to expand an existing conditional use to allow for an increase in the size of the area allowed for outdoor food and beverage to the area between the principle structure bar up to and including the roof of the boat house shelter. The increased area would include an annex bar within a separate structure to be used for beverage service during the outdoor food and beverage activities only. The outdoor food and beverage activities are currently approved on the deck behind the bar from May 1 st to October 31 st with hours of operation between 10:00 a.m and 12:00 a.m. CONFORMANCE WITH COUNTY LAND USE PLAN: The County 2035 Land Use Plan identifies this area as commercial area. COMPATIBILITY WITH SURROUNDING LAND USES: To the north and east of the property is land zoned R-1. To the south is Lauderdale Lakes. To the west of the property is land zoned P-1. SITE CHARACTERISTICS: The following soil types are found on this site: CrE2 Class VII Casco-Rodman Complex, 20 to 30 % Slope, eroded IMPACT ON ROADS AND TRAFFIC: The site is served by West Shore Drive to the northwest of the parcel.

2 OTHER RELEVANT DATA RECOMMENDATIONS: APPLICATION STATUS: COMPLETE INCOMPLETE General: 1. The Conditional Use for seasonal use of the property area between the principle structure bar up to and including the roof of the boat house at the lake shore and an annex bar for outdoor food and beverage consumption is approved as per the plan submitted with the following conditions. 2. Use of the grounds shall be limited to the uses as stated in the plan of operations. 3. The total capacity of the outdoor food and beverage area shall be 150 people. 4. The project must meet with all State, Federal and local approvals. 5. The applicant must obtain all required County Zoning permits including a sign permit for any proposed signage. 6. Sufficient adult supervision must be present at all times when facilities are in use. 7. The applicant must obtain an approved Land Disturbance, Erosion Control and Stormwater permit from Land Conservation if required by Ordinance. 8. The applicant is responsible for obtaining adequate liability insurance and keeping the insurance current during the life of this conditional use. 9. All lighting must be shielded and directed on to the property. 10. All parking must occur in the areas identified on the approved plan. Parking must meet with requirements of the county zoning ordinance. All parking must be graded and surfaced so as to be dust free. All parking for business on site must be in compliance with County requirements within 60 days of this approval. 11. The property owner must obtain the required County sanitary permit approval for facilities to be located on site. 12. If the Land Management Department determines that changes in either the character of the use or the intensity of the use are not consistent with this approval, then those changes must be brought before the County Zoning Agency for approval. Specific: 13. Outdoor food and beverage activities shall be limited to May 1 st to October 31 st of each year. Hours of operation for outdoor food and beverage activities shall be 10:00 a.m. to 12:00 a.m. as per the Town 14. All outdoor seating and all outdoor food and beverage consumption must be contained to the property area between the principle bar up to and including the roof of the boat house at the lake shore.

3 15. The annex bar and deck must meet with the commercial building code including all proposed lighting. Open flame tiki torches may not be used. 16. No outdoor music or music events shall be held on site.

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12 THT Holdings, LLC Mike Healy CU for Expansion of Outdoor Food & Bev. Section 26, 35, Lagrange Township Zoning Map

13 THT Holdings, LLC Mike Healy CU for Expansion of Outdoor Food & Bev. Section 26, 35, Lagrange Township Land Use Plan

14 THT Holdings, LLC Mike Healy CU for Expansion of Outdoor Food & Bev. Section 26, 35, Lagrange Township Soils & Topo Map

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16 DETAILED SUMMARY OF CONDITIONAL USE AMENDMENT AT LAUDERDALE LANDING We request the Walworth Zoning Board review and approve an amendment to the existing conditional use permit for outdoor food and beverage service at the Lauderdale Landing Bar & Restaurant. Below is a summary of the outside areas we would like to incorporate in the revised permit, along with a description of services offered in each of those locations. *Note: We have presented and discussed the particulars of the Lauderdale Landing s activities as they pertain to outdoor food and beverage service with the Township of LaGrange at two monthly agenda meetings back in The review by the Township was necessary, as the subject of food and beverage service on the entire property must be looked at in detail in order to satisfy the conditions required for the business to hold a liquor license. The existing conditional use permit filed in 2011 allows us to serve food and beverage on the outdoor attached deck located on the southwest side of the main building. We wish to amend this to include an additional 2 structures, and 1 general area, all of which are adjacent to aforementioned outdoor attached deck. The 2 structures are the (1.) Outdoor Tiki Bar, and the (2.) Waterside Marina Patio. The general area we wish to incorporate in the conditional use permit is comprised of the (3.) Front Yard Lawn Region, also located on the southwest side of the main structure, between the shoreline and the restaurant. (1.) Outdoor Tiki Bar The outdoor bar is a freestanding structure approximately 16 W x 20 D and located on the southwest side of the main building on the front lawn. The majority of the Tiki bar s square footage is an enclosed workspace for employees only. Going around the full length of the west and a portion of the south perimeter of the structure exists a countertop (bar top) for serving food and beverage on. There are 8 barstools total set up on the outer sides of the wrap-around counter top for patrons to sit and receive service from the staff located on the inner side (employee only area) of the wrap-around counter top. The outdoor bar is a seasonal structure, being open predominantly in the summer months, or during our peak season- the dates between Memorial Day and Labor Day. Throughout the peak season, the outdoor bar is open all weekends (including Thursday nights) and Holidays to no later than 12:00am midnight each day (as recommended by the Township of LaGrange). (2.) Waterside Marina Patio The Marina Patio/Deck is directly over the Marina building and was built on the structures flat roof. It is located on the southernmost portion of the front lawn region and overlooks the shoreline. Its approximately 41 L x 28 W at its very largest points, as it is not a perfect square/rectangle. There is available seating on the Marina Patio for 24 people, however NO SERVICE is offered in this particular location. Patrons are welcome to seat themselves, but they are unable to order food or beverage from this patio. The Waterside Marina Patio, like the Outdoor Tiki Bar, is a seasonal structure, as all tables and seats are removed from its surface during off-season months. It also follows the same hours as the adjacent Tiki Bar, closing no later than 12:00am everyday (3.) Front Yard Lawn Region The Front Lawn is comprised of the open grass area in front of the southwest side of the main structure and is approximately 30 D x 70 L. The space is clearly defined by a fence found on three sides, the north, west, and south sides of the Front Yard Lawn Region; the fourth side, the west side, being defined by the main building, outdoor attached deck, and the Outdoor Tiki Bar. Note that the Front Lawn does not extend all the way out to the shoreline (difficult to tell from the survey map), as there are 2 retaining walls and a private Frontage Rd. between the Front Yard and the lake, running north to south and parallel to the length of the shoreline on the property between the 2 main piers. The Front Yard has no permanent tables or seats established, therefore, like the Waterside Marina Patio, there is NO SERVICE directly offered within this area either. Patrons may stand with a

17 beverage in this common area but generally use it to walk from the outdoor attached deck to the Outdoor Tiki Bar or the Waterside Marina Patio. During the peak season at the Lauderdale Landing, we host annual events, private parties, fundraisers (e.g. Firemen s Annual Steak Fry/Fundraiser, Lauderdale Lakes Kid s Fishing Derby, Aqua skier s Fundraiser/Ski Show, etc.), which are held on the weekends, where we erect a temporary tent on the lawn in the Front Yard Region if the particular occasion calls for one or inclement weather is expected. The tent measures 20 W X 30 L and consists of a metal pole skeleton with a vinyl tarp covering. The tent is erected the morning of the event and is taken down the following morning. These events are intermittent throughout the summer season, usually comprising 1-3 weekends in a given month, and are single-day functions. All special outdoor activities are held within the fenced in perimeter around the Front Yard Region, or at one or both of the other two structures, the Tiki Bar, and the Waterfront Marina Patio. None of these events change where we offer food and beverage service on the property.