HomeMy WebLinkAboutOrdinances - 22-19 - 03/07/2022 - Zoning Variations 4213 W Elm St Wingstop CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-19
ORDINANCE GRANTING ZONING VARIATIONS FOR A
WINGSTOP RESTAURANT AT 4213 W. ELM STREET
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 7, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County,Illinois this 8th day of March 2022.
ORDINANCE NO 22-19
ORDINANCE GRANTING ZONING VARIATIONS FOR A WINGSTOP RESTAURANT AT 4213
W. ELM STREET
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by CWK Properties — McHenry LLC
("Contract Purchaser"), on behalf of David Barr CFSC ("Owner of Record") requesting approval of
Zoning Variations for the property located at 4213 W. Elm Street legally described in "Exhibit A",
attached hereto and incorporated herein; "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on February 16, 2022 in the manner prescribed by ordinance and statute, and as a
result of said meeting,the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested Zoning Variations; and
WHEREAS,the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the requested Conditional Use
Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the
public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1:That the SUBJECT PROPERTY is hereby granted approval of the following
Zoning Variations for a dine-in restaurant:
1. Variance to allow 17 parking spaces in lieu of the required 45 spaces.
2. Variance to allow a 6' 4" interior side yard setback along the west lot line in lieu of the
required 25 feet when adjacent to a residential zoning district.
3. Variance to allow a 25' front yard setback in lieu of the required 30' setback.
4. Variance from Residential Screen Strip Design Standards along the west property line.
5. Variance from parking lot perimeter landscaping.
6. Variance from building perimeter landscaping.
7. Any other zoning variations necessary to accommodate the proposed development.
The granting of said Zoning Variations, the development shall be subject to the following
conditions:
I. The development shall be in substantial conformance with the submitted plans "Exhibit
B" as determined by the Zoning Administrator.
2. The Zoning Administrator may approve, approve with conditions, or deny and
recommend back to the City Council any site plan changes that may be requested by the
Illinois Department of Transportation.
SECTION 2: In granting said Zoning Variations, the City Council find that the Variance
Approval Criteria listed in §11-19-5 in the City of McHenry Zoning Ordinance have been met.
SECTION 3: All ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 7th day of March, 2022
Ages Nays Absent Abstain
Alderman Devine x
Alderman Glab x
Alderman Harding x
Alderman Strach x
Alderwoman Miller x
Alderman Santi x
Alderman McClatchey x
Wayne Jett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
Legal Description
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF HANLEY'S FIRST ADDITION TO WEST
MCHENRY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 132 FEET NORTH, 74 DEGREES, 17
MINUTES WEST OF AN IRON STAKE AT THE MOST WESTERLY CORNER OF LOT 5 OF HANLEY'S
FIRST ADDITION TO WEST MCHENRY, AFORESAID, FOR THE POINT OF BEGINNING AND
RUNNING THENCE NORTH 74 DEGREES, 17 MINUTES WEST, 66 FEET;THENCE NORTH 15
DEGREES, 43 MINUTES EAST, TO THE CENTER OF HIGHWAY KNOWN AS THE WOODSTOCK
ROAD; THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF SAID HIGHWAY TO A POINT
WHICH IS NORTH 15 DEGREES, 43 MINUTES EAST, 198.8 FEET FROM THE PLACE OF BEGINNING;
THENCE SOUTH 15 DEGREES, 43 MINUTES WEST TO THE POINT OF BEGINNING, IN MCHENRY
COUNTY, ILLINOIS.
PIN: 09-27-476-002
Property Address: 4213 W. Elm Street, McHenry, IL 60050
EXHIBIT B
• SITE PLAN DATED 1/24/2022
I EXISTING CURB
PROPOSED I PROPOSED
LOW SCALE MONUMENT
LANDSCAPED SIGN
AREA EXISTING g/D ">
PROPOSED
SCALE
LANDSCAPED
—— . . ... AREA) 8 DIAMETER
TREE
30'PROPERTY e
SETBACK � •
8'DIAMETER
JP4�:: 25'-0" 5'-6" 24'-0" �$' '!:� —— TREE
—_.
PROPOSED
TENANT
1792 SF I q 8'DIAMETER
TREE
'. C-5
COMMERCIAL
RS-3 HIGHWAY
MEDIUM-HIGH DENSITY ''
FF I ;fi:
SINGLE FAMILY 5.:.:.`:.:`.
RESIDENTIAL
I
8'DIAMETER
TREE
:::;.:;: ADA RAMP .;':
FFkF:�: • e �::�;�:I 8'DIAMETER
TREE
k D Q_I t:•2�.r
E a
6'BOARD ON
6'BOARD ON BOARD FENCE
BOARD FENCE
�4 O
E : I
I
I
4 I
I
24'_0" 18'_0"
I
3G: I C-5
COMMERCIAL
HIGHWAY
I
E34: I
I 25'PROPERTY
SETBACK
I
6'BOARD ON
BOARD FENCE
I
E I
I �o
.....
.............
.:....:...::.::.:::....
IBOARD ON TRASH ENCLOSURE
C-5 BOARD FENCE
COMMERCIAL
HIGHWAY
PROPOSED SITE PLAN
� uur• ms•nr
ARCHITECT: PROJECT: Job No.
WS MCHENRY, IL sn.ozo
iiilcolbrook design 4213W ELM ST Issue Date
o,n4rzozz
828 DAVIS STREET
SUITE 300
EVANSTON,IL W201 Project Area
Ph 847.492.,992 Proposed Site Plan ,767sF
Copyright 02022 Kolbmok Design,Inc.