HomeMy WebLinkAboutOrdinances - O-96-753 - 01/31/1996 - GRANT RECLASS AND CUP KLEIN AND CLAWSON VICKI'S PLI VCTOR 8c J�NNEN 315 )
VICKI CLAWSON )
d/b/a VICKI'S PLACE )
AND THE CITY OF MCHENRY )
REGARDING ) ORDINANCE NO n _ 9 E, _ 7,,
1211 N RIVER ROAD )
MCHENRY IL 60050 ) ZONING FILE NO Z-399(09)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed byVictor and Joanne Klein and the City of McHenry has been
filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning changes:
1. reclassification from E Estate Zoning District to C3 Community Commercial
District;
2. conditional use permit to allow the followings uses on the subject premises:
inside sale of alcoholic beverages; outside sales and service of food and
alcoholic beverages; live entertainment and dancing (both inside and outside);
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 1211 North River Road, McHenry Illinois 60050, and legally described on
Exhibit A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on August
21, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented
thereat by the Petitioners; and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no
overriding reason for not granting the zoning reclassification and conditional use permit as requested;
and,
Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that
it would serve the interests of the City if said reclassification and conditional use permits were granted
for the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby
granted on the property commonly known as 1211 North River Road and legally described in Exhibit
A:
A. reclassification from E Estate Zoning District to C3 Community Commercial
District;
B. conditional use permit to allow the followings uses on the subject premises:
inside sale of alcoholic beverages; outside sales and service of food and
alcoholic beverages; live entertainment and dancing (both inside and outside).
399(09)
page 2
Section 2: That the City Council finds in granting the reclassification, the following findings
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
B. The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
C. The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any changed conditions since the
adoption of the Plan.
D. The proposed use or zoning classification promotes the public interest and not solely the
interest of the applicant.
Section 3: That the City Council finds in granting the conditional use permit, the following
findings have been proved before this body:
A. Any adverse impact of types of 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, have been 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 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.
D. The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected or 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.
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.
F. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
are hereby repealed to the extent of such conflict.
Section 5: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
399(09)
page 3
Section • 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 31 s t day of January 1996.
AYES:
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: n QA (Q
Approved this 31 s t day of January , 99j�.
MAYOR
ATTEST:
CITY CLERK
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LEGAL DESCRIPTION (LD: m2664):
All of Lot 3, except the part thereof described as follows: Beginning at the
Northeast corner of Lot 3; thence South along the East line thereof 66.0 feet
to the Southeast corner thereof; thence Northwesterly toward a point in the
North line of Lot 3, which is 65.0 feet West of the East corner thereof, 66.7
feet; thence Northwesterly 90.0 feet, more or less, to a point on the North
line of Let 3 which is 141.0 feet West of the Northeast corner thereof and
thence East along the North lire of Lot 3, 1,11.0 feet to the corner of
beainning; all of Lot 4, all in Block 5 of the Original Plat of the Village
(now City) of McHenry, on the East s-de of Fox River; also the North Ilalf of
Lake Street from the Westerly line of Fox River Street, Westerly to Fox River,
adjoining Block 5 of McHenry, East of the Fox River, all in the Fractional
Southeast Quarter of Section 26, Township 45,_North, Range 8 East of the Thir-1
Principal Meridian, McHenry County, Illinois according to the Plat thereof
recorded in Book B of Deeds, page 160, on July 6, 1340, in :Icllenry County,
�llinois.
PERMANENT INDEX NO(S).: 09-26-478-002
STREET ADDRESS: 1211 N. River Road McHenry, IL 60050