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HomeMy WebLinkAboutOrdinances - O-92-595 - 02/19/1992 - GRANT CUP D'ANGELO FOR INDOOR SPORTS AMUSEMENT ESTSTATE OF ILLINOIS ) Ls 3 1992 COUNTY OF McHENRY ) SS CITY OF McHENRY ) IN THE MATTER OF THE APPLICATION OF ) JOSEPH D'ANGELO and MARILYN A. D'ANGELO ) FOR A CONDITIONAL USE UNDER THE ZONING ) Ordinance No. 0-92-595 ORDINANCE OF THE CITY OF McHENRY, McHENRY ) COUNTY, ILLINOIS. ) WHEREAS, your Petitioners, JOSEPH D'ANGELO and MARILYN A. D'ANGELO, have filed a Petition with the Zoning Board of Appeals for the City of McHenry requesting a Conditional Use to operate an indoor sports amusement establish- ment consisting of miniature golf, batting cages, dart machines, and other indoor sports facilities in regard to the following described real estate: Lots 10, (Except that part of Lot 10 lying Southerly of a line drawn parallel with and 60 feet normally distance Northerly of the centerline of F.A. Route 21 [Illinois Route 120]), 11, 12 and 13 in block 2 in Lakeland Park Unit No. 3, a Subdivision of part of the East Half of the East Half of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 8, 1953 as Document No. 269384, in Book 11 of Plats, pages 90 and 91, in McHenry County, Illinois. WHEREAS, the property is located at 5300 West Elm Street, McHenry, just West of the intersection of Park Lane and Illinois State Route 120, and inclu- des the existing building on the property as well as the two (2) vacant lots immediately to the West; and WHEREAS, the proposed indoor amusement establishment will be located in a 7,900 square foot addition to the West portion of the existing building on the subject property; and WHEREAS, the property is currently classified "C-5" Highway Commercial District, pursuant to the City of McHenry Zoning Ordinance; and 01 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 said hearing, a motion to approve the Conditional Use as set forth in the Petition was approved by a vote of five (5) to ;zero (0); 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 of 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. 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 an indoor sports amusement establishment consisting of miniature golf, batting cages, dart machines, and other indoor sports facilities with the following conditions: -2- (1) Hours of operation: Sunday through Thursday - No later than 10:00 p.m. Friday through Saturday - No later than 12:00 a.m. (Midnight) 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 19th DAY OF February , 1992. VOTING AYE: Lieder. Locke, Bolger, Donahue, Serritel1a, Patterson, Adams., Smith VOTING NAY: None ABSENT: None ABSTAINED• None APPROVED THIS I9th DAY OF February 1992. MAYOR WILLIA BUSSE ATTEST: �CITY�LER�K-ARBARA E. ILP N -3-