HomeMy WebLinkAboutOrdinances - 24-23 - 06/03/2024 - 366 Bank Drive CUP CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 24-23
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
DRIVE-THRU RESTAURANT AT THE PROPERTY LOCATED AT 366 BANK
DRIVE
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
June 3, 2024
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 4th Day of June 2024
ORDINANCE NO 24-23
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT
AT THE PROPERTY LOCATED AT 366 BANK DRIVE
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 by Park View Plaza LLC., ("PROPERTY OWNER"),
requesting approval of a conditional use permit for a drive-thru restaurant at the property
located at 366 Bank Drive, 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 May 15, 202�in the manner prescribed by ordinance and statute, and as a result
of said hearing, the Planning and Zoning Commission recommended to the City Council the
granting of the requested Conditional Use Permit (6-aye; 0-nay; 0-abstain); 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 approval of a Conditional
Use Permit to operate a drive-thru restaurant subject to the following condition(s):
1. All development on site shall be in substantial conformance with the plans attached
hereto in "EXHIBIT B".
2. The PROPERTY OWNER shall install yellow pavement striping along the east building
perimeter of the principal structure to be approved at the discretion of the Zoning
Administrator.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
approval criteria for Conditional Use Permits listed in §11-15-5 of the City of McHenry Zoning
Ordinance have been met.
SECTION 3: 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 4: 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 3rd day of June, 2024.
Ayes Nays Absent Abstain
Alderwoman Bassi x
Alderman Davis x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
W� r /�,�M l� �r �Q.��--
Wa n Jett, Mayor Trisha Ramel, City Clerk ��'
EXHIBIT A
Legal Description
A PART OF LOT 1, IN PARK VIEW PLAZA, BEING A SUBDIVISION OF PART OF LOTS 1 AND 2 IN THE
NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE S EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 30, 2001 AS
DOCUMENT N0. 2001R0090743, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 01 DEGREES 06
MINUTES 15 SECONDS WEST (BEARINGS BASED ON ILLINOIS STATE PLANE COORDINATES EAST
ZONE 1983 DATUM) ALONG THE WEST LINE OF SAID LOT 1, 205.96 FEET; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, 39.55 FEET ALONG A CURVE
TO THE RIGHT HAVING A RADIUS OF 25.00 FEET, THE CHORD OF SAID CURVE BEARS NORTH 44
DEGREES 12 MINUTES 45 SECONDS EAST,A CHORD DISTANCE OF 35.55 FEET;THENCE NORTH 89
DEGREES 31 MINUTES 45 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1, 24.82 FEET;
THENCE SOUTH 43 DEGREES 53 MINUTES 20 SECONDS WEST, 43.91 FEET; THENCE
SOUTHWESTERLY 199.87 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 6060.00
FEET, THE CHORD OF SAID CURVE BEARS SOUTH 00 DEGREES 51 MINUTES 12 SECONDS WEST, A
CHORD DISTANCE OF 199.87 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE
SOUTH 89 DEGREES 27 MINUTES 02 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 1,
12.23 FEET TO THE POINT OF BEGINNING IN MCHENRY COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 4,183 SQUARE FEET (0.096 ACRES) MORE OR LESS.
Exhibit B
Site Plan
._.. - - _._ ___. .- _ .._ _. _. ._ ,. _ _._ � - - r. - , ..� � _ _ ___._ - .___
ILLINO/S STATE RDUTE 37
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