HomeMy WebLinkAboutOrdinances - O-90-527 - 03/07/1990 - MUNDT CUP FAMILY ENTERTAINMENT CENTER0-90-527
STATE OF ILLINOIS )
COUNTY OF McHENRY ) SS
CITY OF McHENRY )
IN THE MATTER OF THE APPLICATION OF )
AMERICAN NATIONAL BANK AND TRUST COMPANY ) Z 0 N I N G
OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT)
NO. 101030-00, FRANK MUNDT and KEVIN MUNDT, ) O R D I N A N C E
FOR A CONDITIONAL USE UNDER THE ZONING )
ORDINANCE OF THE CITY OF McHENRY, McHENRY )
COUNTY, ILLINOIS. )
WHEREAS, your Petitioner, AMERICAN NATIONAL BANK AND TRUST COMPANY OF
CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT NO. 101030-00, has filed a Petition
with the Zoning Board of Appeals for the City of McHenry requesting a
Conditional Use to operate a family entertainment center with billiard tables,
air hockey, table tennis, snooker and other similar games and a section of
token operated video games and redemption equipment in regard to the following
described real estate:
That part of the East Half of the Southeast Quarter of Section
27, Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Beginning at the point of
intersection of the West line of said East Half of the Southeast
Quarter of Section 27 and the center line of State Route 120,
(said point also being on the East line of Lot 26 of the County
Clerk's Plat according to the plat thereof recorded in the
Recorder's office of McHenry County, Illinois, on May 6, 1902 in
Book 2 of Plats, on page 41); and running thence North on the
West line thereof and on the East line of said Lot 26, for a
distance of 597.50 feet to a point; thence East on a line
forming an angle of 89 degrees and 59 minutes to the right with
a prolongation of the last described line, at the last described
point, for a distance of 306.18 feet to a point of curve; thence
Southeasterly on a curve, convex Northeasterly and having a
radius of 29.32 feet, for a distance of 43.20 feet, chord
measurement, to a point of tangency; thence Southerly tangent to
said curve, at the last described point, for a distance of
289.80 feet to a point of curve; thence Southerly on a curve,
convex Westerly and having a radius of 1610.31 feet, for a
distance of 116.92 feet, chord measurement, to a point of
tangency; thence Southerly tangent to the last described curve,
at the last described point, for a distance of 281.42 feet to a
point in the center line of said State Route 120; thence
Northwesterly on the center line of said State Route 120 and
being on a curve convex Northeasterly, for a distance of 323.58
feet, chord measurement, to the place of beginning;
Except from the above described property that part of the East
Half of the Southeast Quarter of Section 27, Township 45 North,
Range 8 East of Third Principal Meridian, described as follows:
Commencing at the point of intersection of the center line of
F.A. Route 21 (Illinois Route 120) with the center line of
Industrial Drive; thence Northerly along the said center line of
Industrial Drive, for a distance of 90.0 feet; thence Westerly
along a line which is normal to the said center line of
Industrial Drive, for a distance of 16.5 feet to the place of
beginning of this description; thence continuing Westerly along
the prolongation of the last described course, for a distance of
35.25 feet; thence Southwesterly along a line which is radial to
the said centerline of F.A. Route 21 (Illinois Route 120), for a
distance of 6.86 feet, more or less, to a point on the existing
right of way line of Old Woodstock and McHenry Road; thence
Southeasterly along the said existing right of way of Old
Woodstock and McHenry Road, for a distance of 44.34 feet to the
point of intersection with a line drawn parallel with and 16.5
feet normally distance Westerly of the said center line of
Industrial Drive; thence Northerly along the last described
parallel line, for a distance of 29.21 feet to the place of
beginning:
Also except that part of the East Half of the Southeast Quarter
of Section 27, described as follows: Commencing at the point of
intersection of the West line of said East Half of the Southeast
Quarter of Section 27 and the center line of Illinois Route 120,
(said point also being on the East line of Lot 26 of the County
Clerk's Plat, according to the Plat thereof recorded May 6,1902
in Book 2 of Plats, page 41), and running thence North on the
West line thereof and on the East line of said Lot 26, for a
distance of 597.50 feet to a point for a place of beginning,
said point being the Northwest corner of a certain Deed recorded
in the Recorder's Office of McHenry County, Illinois as Document
No. 516310; thence East on the North line of Document 516310,
for a distance of 30.42 feet to a point; thence Southwesterly,
for a distance of 217.22 feet to a point on the West line of the
East half of said Southeast Quarter, said point being 215.08
feet South of the place of beginning; thence North 215.08 feet
to the place of beginning, all in McHenry County, Illinois.
Commonly known as 4310 West Elm Street, McHenry, McHenry County, Illinois.
WHEREAS, the property is located on the Northwest corner of Illinois State
Route 120 and Industrial Drive; and
WHEREAS, the proposed family entertainment center will be located 'in the
Northeast section of the building with approximate dimensions of 45 feet in
width and 102 feet in depth, more or less; and
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WHEREAS, the property is presently classified "C-3" Community Commercial
District, pursuant to the City of McHenry Zoning Ordinance; and
WHEREAS, a Petition was filed with the City of McHenry, McHenry County,
Illinois requesting a hearing before the Zoning Board of Appeals on the
Petition; and
WHEREAS, a hearing was held before the Zoning Board of Appeals in the
manner and form as prescribed by Ordinance and Statute; and
WHEREAS, as a result of such hearings, a motion to approve the Conditional
Use as set forth in the Petition was denied by a vote of four (4) to two (2);
and
WHEREAS, the City Council has fully reviewed the report of the hearing
before the Zoning Board of Appeals; and
WHEREAS, the City Council in reviewing the evidence presented before the
Zoning Board of Appeals does make specific findings of fact that the proposed
Conditional Use will be compatible with the existing uses in the area and with
permitted uses in the Zoning District in the following ways:
a) Any adverse impact of types or volumes of traffic flow not
otherwise typical in the zoning district has been minimized.
b) 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 will be appropriately controlled.
c) 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 dele-
terious effect on the environmental quality, property values, or
neighborhood character already existing in the area or normally
associated with Permitted Uses in the district.
d) 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 dispro-
portionate demand for new services or facilities, in such a way
as to place undue burdens upon existing development in the area.
e) 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.
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, that the above described property be granted a
Conditional Use Permit to operate a family entertainment center with billiard
tables, air hockey, table tennis, snooker and other similar games and a sec-
tion of token operated video games and redemption equipment with the following
conditions:
(1) Installation of appropriate lighting along the East side of the
building and along the North side of the building;
(2) Installation of a painted cross -walk with yellow flashing lights bet-
ween the Jewel/Osco Shopping Center and the old A1co Shopping Center;
(3) Installation of a five (5) foot wide sidewalk along the East side of
the building.
This Ordinance shall be in full force and effect from and after its
passage as provided by law.
PASSED BY A MAJORITY OF THE CORPORATE AUTHORITIES OF THE CITY OF
McHENRY, McHENRY COUNTY, ILLINOIS, THIS 7th DAY OF March , 1990.
VOTING AYE: Bolger, Donahue, Patterson, Serritella, Busse
VOTING NAY: Teta, Lieder, McClatchey
ABSENT: Smith
ABSTAINED: None
APPROVED THIS 7th DAY OF March 1990.
ATTEST:
1
i'
CITY CLERK
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