HomeMy WebLinkAboutOrdinances - O-96-776 - 02/07/1996 - GRANT RECLASS AND CUP MONACO AT 2816 W RTE 120McHenry State Bank, Trust #4034
RONALD D MONACO, MONACOS )
AND THE CITY OF MCHENRY )
2816 WEST ROUTE 120 )
MCHENRY ILLINOIS 60050 )
ORDINANCE NO 0-96-776
ZONING FILE NO Z-399(40)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION AND CONDITIONAL USE PERMIT THEREON.
Whereas, a written Petition signed by Henry M. Retek and the City of McHenry has been filed
with the City Clerk of the City of McHenry, Illinois requesting the following zoning change:
1. reclassification from E Estate Zoning District to C5 Highway Commercial
District;
2. conditional use permit to allow the following:
a. restaurant/bar having live entertainment and dancing:
b. game room;
C. outdoor recreational establishment
having horseshoe pits;
d. serving alcoholic beverages and
food on outside deck;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2816 West Route 120, 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 January
8, 1996, 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 permit 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 2816 West Route 120, McHenry, Illinois 60050, and
legally described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial
District;
B. conditional use permit to allow the following:
1. restaurant/bar having live entertainment and dancing:
2. game room;
3. outdoor recreational establishment
having horseshoe pits;
4. serving alcoholic beverages and
food on outside deck;
399(40)
Page ?.
Section 2: That the City Council finds that in granting the reclassification, the following; criteria
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
criteria 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 : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
399(40)
Page 3
Section 6: 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 7 th day of February , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED:
ABSENT: None
NOT VOTING:
Approved this 7 th day of February , 1996.
/7
MAYOR
ATTEST:
CITY CLERK
rev: January 10, 1996
wA 0
C-X t4l f3 / T- A
LEGAL DESCRIPTION (LD: c632):
Lot 22 (excepting therefrom a piece of land 60 feet in width running parallel
with and adjoining the West line of said Lot 22) in Conway's Subdivision, being
a Subdivision of part of the Southwest Quarter of the Southwest Quarter of
Section 25, Township 45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded August 16, 1923 as Document No. 60164,
in Book 4 of Plats, page 99, excepting and reserving therefrom that part as
condemned by the State of Illinois in Circuit Court Case No. 91-ED-6 and as
described in a Lis Pendens Notice recorded as Document No. 91R 048841 in
McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-25-354-009
STREET ADDRESS: 2816 Route 120 McHenry, IL .60050