YORKVILLE – A proposal for a banquet center special use permit in Fox Township could soon get a final vote from the Kendall County Board.
The Kendall County commitee of the whole voted, 7-0, to move the proposal for the special use permit for BrighterDaze, 10978 Crimmin Road in Fox Township, along to the Kendall County Board during a meeting Thursday, Aug. 15 at the Kendall County office building. Commissioners Amy Cesich, Judy Gilmour and Elizabeth Flowers were absent from the meeting.
The action comes after the county's planning, building and zoning committee approved during their July 30 meeting a condition with the special use permit to require the north and south barn doors be closed by 7 p.m. for events with music. The zoning committee also approved removing language from the special use permit of allowing an additional event per weekend with less than 50 people at the site.
Matt Asselmeier, senior planner for Kendall County planning, building and zoning, said the county has requested for the help of the sheriff's office for enforcement.
When it comes to other methods of enforcement from the county's perspective, "we would have to get a complaint or we have to be able to see it from the road, [and] if a neighbor allowed us onto their property and from their property ... we could see it," Asselmeier said.
The committee of the whole initially referred the proposal back to the planning, building and zoning committee because of other concerns, including those related to Fox Township’s dry regulations.
Fox Township Supervisor Jeff Spang has said the township has been dry, meaning no alcohol is to be sold or served within the township, since 1939, with some exceptions applying to religious services or pharmaceutical use. He had said it's only in public venues that it is not permitted.
The township also previously requested several other provisions in response to the proposal, according to county documents. Those include capping off sound limits to 65 dBA from the property line, a maximum of 30 events a year between April 1 and Nov. 1 and having the approval be contingent on a completed traffic study, with the petitioner paying for any necessary construction caused by increased traffic on Crimmin Road.
Boyd Ingemunson, the lawyer for special use applicants Adam Theis and JoAnn Bright-Theis, said after the meeting he thinks it's unlawful for the township to take stance that people couldn't consume alcohol in a venue like this. He said he understands there can't be anything like liquor stores or cash bars within the township if it's dry.
"But that doesn't prohibit somebody from renting a venue, buying all this champagne and beer and having a licensed bartender serve that to guests at their wedding," Ingemunson said.
The next County Board meeting is scheduled for 9 a.m. Tuesday, Aug. 27 at the county's office building at 111 W. Fox St.