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HomeMy WebLinkAboutOrdinances - O-90-525 - 03/07/1990 - CHARLES MILLER CUP RESTAURANT SERVING ALCOHOLIC BEDD -6YNS No use RECEIVED 0-90-525 MAR 11990 CITY OF WHENRY IN THE MATTER OF THE APPLICATION ) OF MCHENRY STATE BANK TRUST # 4773) for an entry of an Amendment to ) the Zoning of the City of McHenry,) McHenry County, Illinois. ) ORDINANCE WHEREAS, a Petition was filed before the Zoning Board of Appeals of the City of McHenry by McHenry State Bank, as Trustee, under Trust No. 4773, as legal title holder, and Charles J. Miller, owner of sole beneficial interest in said trust; and WHEREAS, said petition did request a conditional use as to the following parcels 1 and 2, to allow serving alcoholic beverages thereon and to allow live entertainment and dancing thereon in conjunction with the permitted restaurant uses, and a variance as to the following parcel 3 to allow said premises to be used as a parking lot to service said parcels 1 and 2: PARCEL 1: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point where the Southwesterly line of Blocks 24, 25 and 26 of the Original Plat of McHenry, West of Fox River, would intersect Fox River if produced Southeasterly, said point being 474 feet, more or less, from the Easterly line of Riverside Drive; thence Northwesterly on said line as produced 474 feet, more or less, to a point on the Easterly line of Riverside Drive, aforesaid; thence Southwesterly along said Easterly lane of Riverside Drive produced, a distance of 40 feet; thence Northwesterly parallel with the said Southwesterly line of said Blocks 24, 25 and 26, a distance of 79 feet to the Westerly line of Riverside Drive as produced; thence on the Westerly line of Riverside Drive produced Southwesterly 205 feet, more or less, to the center line of Boone Creek; thence Easterly along the center line of said creek to Fox River; thence Northerly along Fox River to the place of beginning; ALSO All that part of Section 26, described as follows: Commencing at the point of intersection of the Easterly line of the aforesaid, Blocks 24, 25 and 26 as produced Southeasterly; thence Southwesterly along the Easterly line of said Riverside Drive as produced, a distance of 40 feet; thence Northwesterly along a line parallel with the Southwesterly line of said Blocks 24, 25 and 26, a distance of 79 feet; thence Northeasterly along the Westerly line of said Riverside Drive as produced to the point of intersection of said Westerly line of Riverside Drive with the Southwesterly line of said Blocks 24, 25 and 26; thence Southeasterly along the Southwesterly line of said Blocks 24, 25 and 26 to the place of beginning, ALSO Part of the Southeast Quarter of Fractional Section 26, being a part of Out - Lot 1 in Block 27 as shown by the Plat thereof recorded in the Recorder's Office of McHenry County Illinois in Book 2 of Plats, page 40, said land lying West of Fox River, described as follows: Beginning at the point where the Southwesterly line of said Out - Lot 1 intersections the Westerly line of Fox River; thence Northwesterly upon and along said Southwesterly line of said Out - Lot, 7 feet, more or less, to an iron stake which is 466.7 feet Southeasterly from the Southwest corner thereof, said point also being 25 feet Southwesterly from a point hereinafter referred to as point "A" (the distance 25 feet being measured at right angles to the Southwesterly line of said Out -Lot 1) thence Northwesterly upon and along the Southwesterly line of said Out -Lot 1, a distance of 307 feet; thence Easterly in a straight line 308 feet to a point "A" hereinbefore designated; thence Easterly upon and along said last described line produced 2 feet, more or less, to Fox River; thence Southerly upon and along said Fox River to the place of beginning, in McHenry County, Illinois. PARCEL 2: Part of Lot 4 in Block 27 of the Original Plat of McHenry according to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds, page 160, also part of Out -Lot 1 of the County Clerk's Plat of Block 27 lying West of the Fox River in the City of McHenry, described as follows: Beginning on the Easterly line of Riverside Drive at a point 210 feet Southwesterly from its intersection with `A the Southerly line of Elm Street; thence Southeasterly on a line forming an angle of 90 degrees, 17 minutes to the left, with a prolongation of the last described line for a distance of 406.8 feet to a point; thence Southwesterly at right angles to the last described line 100.1 feet to a point; thence Northwesterly along a line forming an angle of 85 degrees, 21 minutes to the right with a prolongation of the last described line, a distance of 248.9 feet to a point; thence Westerly along a line forming an angle of 4 degrees, 39 minutes to the right with a prolongation of the last described line 159.7 feet to a point on the Easterly line of Riverside Drive aforesaid, thence Northeasterly along the Northeasterly line of said street, being on a line forming an angle of 90 degrees, 17 minutes to the right, with a prolongation of the last described line 120 feet to the place of beginning, ALSO The adjoining parcel of land described as follows: Beginning at the most Easterly corner of the above described tract; thence Southwesterly at right angles to the Northerly boundary thereof 100.1 feet to the most Southerly corner thereof; thence Southeasterly on a continuation of the Southerly boundary of said above described tract 58 feet, more or less, to the waters edge of Fox River; thence Northerly along the waters edge of said Fox River 103 feet, more or less, to a point on the Northerly boundary of said above described tract produced Southeasterly; thence Northwesterly 5 feet, more or less, to the place of beginning, in the Southeast fractional Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL 3: Lot 9 in Block 26 of the Original Plat of the Town (now City) of McHenry on the West side of Fox river, being a part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof July 26, 1840, in Book B of Deeds, page 160, in McHenry County, Illinois. AND WHEREAS, a hearing was held before the said City of McHenry Zoning Board of Appeals in regard to the contents of said 3 petition, and evidence and exhibits were introduced by the petitioners at said hearing in support of their petition, and WHEREAS, as a result of said hearing, after considering the contents of the petition and of the evidence presented in support of the conditional use, the Zoning Board of Appeals found and the City Council expressly concurs in such findings that: 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of Permitted Uses in the zoning district, have been appropriately controlled. 3. Neighborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with Permitted Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district. 4 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the Council to the particular Conditional Use or its particular location. WHEREAS, the Zoning Board of Appeals recommended to the City Council that the conditional use be granted to parcels 1 and 2 to allow for alcoholic beverages to be served thereon and also allow live entertainment and dancing thereon in conjunction with the permitted restaurant uses thereon, and WHEREAS, as a result of said hearing, after considering the contents of the petition and the evidence presented in support of a variation for parking lot use, the Zoning Board of Appeals found, and the City Council hereby expressly concurs in such findings: 5 1. Special Circumstances Not Found Elsewhere Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. Circumstances Relate to the Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship For reasons fully set forth in the written findings, the strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 6 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. Necessary for Use of Property The grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. Not Alter Local Character The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. S. Consistent With Ordinance and Plan The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. Minimum variance Recommended The variance recommended by the Board of Appeals and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property. 7 WHEREAS, the Zoning Board of Appeals recommended that a variation be granted to parcel 3 to be used for off-street parking to service the restaurant use on said parcels 1 and 2 provided that the property be screened as required by the city, and WHEREAS, all legal notices regarding said petition have been served, NOW THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: 1. That the following described property: PARCEL 1: That part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the point where the Southwesterly line of Blocks 24, 25 and 26 of the Original Plat of McHenry, West of Fox River, would intersect Fox River if produced Southeasterly, said point being 474 feet, more or less, from the Easterly line of Riverside Drive; thence Northwesterly on said line as produced 474 feet, more or less, to a point on the Easterly line of Riverside Drive, aforesaid; thence Southwesterly along said Easterly line of Riverside Drive produced, a distance of 40 feet; thence Northwesterly parallel with the said Southwesterly line of said Blocks 241 25 and 26, a distance of 79 feet to the Westerly line of Riverside Drive as produced; thence on the Westerly line of Riverside Drive produced Southwesterly 205 feet, more or less, to the center line of Boone Creek; thence Easterly along the center line of said creek to Fox River; thence Northerly along Fox River to the place of beginning; ALSO All that part of Section 26, described as follows: Commencing at the point of intersection of the Easterly line of the aforesaid, Blocks 24, 25 and 26 as produced Southeasterly; thence Southwesterly along the Easterly line of said Riverside Drive as produced, a distance of 40 feet; 8 thence Northwesterly along a line parallel with the Southwesterly line of said Blocks 24, 25 and 26, a distance of 79 feet; thence Northeasterly along the Westerly line of said Riverside Drive as produced to the point of intersection of said Westerly line of Riverside Drive with the Southwesterly line of said Blocks 24, 25 and 26; thence Southeasterly along the Southwesterly line of said Blocks 24, 25 and 26 to the place of beginning, ALSO Part of the Southeast Quarter of Fractional Section 26, being a part of Out - Lot 1 in Block 27 as shown by the Plat thereof recorded in the Recorder's Office of McHenry County Illinois in Book 2 of Plats, page 40, said land lying West of Fox River, described as follows: Beginning at the point where the Southwesterly line of said Out - Lot 1 intersections the Westerly line of Fox River; thence Northwesterly upon and along said Southwesterly line of said Out - Lot, 7 feet, more or less, to an iron stake which is 466.7 feet Southeasterly from the Southwest corner thereof, said point also being 25 feet Southwesterly from a point hereinafter referred to as point "A" (the distance 25 feet being measured at right angles to the Southwesterly line of said Out -Lot 1) thence Northwesterly upon and along the Southwesterly line of said Out -Lot 1, a distance of 307 feet; thence Easterly in a straight line 308 feet to a point "A" hereinbefore designated; thence Easterly upon and along said last described line produced 2 feet, more or less, to Fox River; thence Southerly upon and along said Fox River to the place of beginning, in McHenry County, Illinois. PARCEL 2: Part of Lot 4 in Block 27 of the Original Plat of McHenry according to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds, page 160, also part of Out -Lot 1 of the County Clerk's Plat of Block 27 lying West of the Fox River in the City of McHenry, described as follows: Beginning on the Easterly line of Riverside Drive at a point 210 feet Southwesterly from its intersection with the Southerly line of Elm Street; thence Southeasterly on a line forming an angle of 90 degrees, 17 minutes to the left, with a prolongation of the last described line for a distance of 406.8 feet to a point; thence Southwesterly at right angles to the last described line 100.1 feet to a point; thence Northwesterly along a line forming an angle of 85 degrees, 21 minutes to the right with a prolongation of the last described line, a distance of 248.9 feet 9 to a point; thence Westerly along a line forming an angle of 4 degrees, 39 minutes to the right with a prolongation of the last described line 159.7 feet to a point on the Easterly line of Riverside Drive aforesaid, thence Northeasterly along the Northeasterly line of said street, being on a line forming an angle of 90 degrees, 17 minutes to the right, with a prolongation of: the last described line 120 feet to the place of beginning, ALSO The adjoining parcel of land described as follows: Beginning at. the most Easterly corner of the above described tract; thence Southwesterly at right angles to the Northerly boundary thereof 100.1 feet to the most Southerly corner thereof; thence Southeasterly on a continuation of the Southerly boundary of said above described tract 58 feet, more or less, to the waters edge of Fox River; thence Northerly along the waters edge of said Fox River 103 feet, more or less, to a point on the Northerly boundary of said above described tract produced Southeasterly; thence Northwesterly 5 feet, more or less, to the place of beginning, in the Southeast fractional Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL 3: Lot 9 in Block 26 of the Original Plat of the Town (now City) of McHenry on the West side of Fox river, being a part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof July 26, 1840, in Book B of Deeds, page 160, in McHenry County, Illinois. is hereby granted a conditional use as to parcels 1 and 2, allowing alcoholic beverages to be served thereon and also allowing live entertainment and dancing in conjunction with the permitted restaurant uses thereon, and 2. That as to parcel 3, a variance is hereby granted allowing said parcel 3 to be used for a parking lot to serve the 10 restaurant uses on parcels 1 and 2, subject to the property being screened as required by the City of McHenry. Further, that this Ordinance shall be in full force and effect from and after its passage and approval. Passed this 7+h day of March . 1990. VOTING AYE: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Teta VOTING NAY: None ABSTAINING: None ABSENT: Smith Approved this 7th day of March , 1990. CI Y OF RY By :C�/ Ma or 11