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
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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.
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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:
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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.
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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.
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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;
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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
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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
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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
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