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HomeMy WebLinkAboutOrdinances - 23-7 - 02/06/2023 - CUP 700 Front Street CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 23-7 ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND ZONING VARIATION FOR THE OPERATION OF A BAR/TAVERN WITHOUT LIVE ENTERTAINMENT AT 700 N FRONT STREET Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois February 6, 2023 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 7th day of February 2023 ORDINANCE NO 23-7 ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND ZONING VARIATION FORTHE OPERATION OF A BAR/TAVERN WITHOUT LIVE ENTERTAINMENT AT 700 N FRONT 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 CL Quick Stop of Belvidere Inc., ("CONTRACT PURCHASER") requesting approval of a Conditional Use Permit for a Bar/Tavern Without Live Entertainment and Zoning Variance for the property commonly known as 700 N Front Street and legally described on "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 January 18, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Conditional Use Permit and Zoning Variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request 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 a Conditional Use Permit to operate a Bar/Tavern Without Live Entertainment. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 ofthe City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted a Zoning Variation to allow 11 parking spaces in lieu of the required 20 parking spaces forthe operation of a Bar/Tavern Without Life Entertainment. SECTION 4: In granting said Zoning Variance, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: 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 6: 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 6th day of February, 2023. Ayes 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 Tris a Ramel, City Clerk Exhibit A Legal Description of the Subject Property THAT PART OF THE SOUTHWEST% OF THE NORTHWEST% OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN IN MCHENRY COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF BLOCK 3 IN WATTLE'S SECOND ADDITION TO MCHENRY, A SUBDIVISION IN THE NORTHWEST% OF SECTION 35; THENCE SOUTH ALONG THE WEST LINE OF SAID BLOCK 3, 132.0 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE EXTENDED OF PARK AVENUE, 100.0 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING WEST PARALLEL WITH THE SOUTH LINE EXTENDED OF PARK AVENUE, 91.92 FEET TO THE EAST LINE OF PUBLIC HIGHWAY (STATE ROUTE 31); THENCE SOUTHERLY ALONG SAID EAST LINE 132.01 FEET TO THE NORTH LINE EXTENDED OF OAK AVENUE; THENCE EASTERLY ALONG SAID NORTH LINE EXTENDED 88.90 FEET TO A POINT 100.0 FEET WEST OF THE WEST LINE OF AFORESAID BLOCK 3; THENCE NORTH PARALLEL WITH SAID WEST LINE 132.0 FEET TO THE PLACE OF BEGINNING. PIN: 09-35-155-017 Address: 700 N Front Street, McHenry, IL