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HomeMy WebLinkAboutOrdinances - O-97-826 - 06/25/1997 - GRANT CUP MATCHEN 4405 W ELM STIN THE MATTER OF THE APPLICATION ) OF HOME STATE BANK TRUST NUMBER ) 4362 UNDER TRUST AGREEMENT DATED ) NOVEMBER 17, 1995 AND BERNARD M. ) MATCHEN AND MARLENE E. MATCHEN, ) PETITIONERS, FOR A CONDITIONAL USE ) PURSUANT TO THE ZONING ORDINANCE ) OF THE CITY OF McHENRY, McHENRY ) COUNTY, ILLINOIS. ) 0-97- 826 ORDINANCE NO. ZONING FILE NO.: Z-424 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS BY GRANTING A CONDITIONAL USE THEREON WHEREAS, the Petitioners have filed a petition with the City Clerk of the City of McHenry, an Illinois Municipal Corporation, requesting a conditional use permit to allow a restaurant serving alcoholic beverages but without live entertainment or dancing, pursuant to the provisions of the zoning ordinance of the City of McHenry in regard to the following described real estate, to -wit: The East 100 feet of the West 254.3 feet as measured on the South line thereof, of that parl. of the Northwest Quarter of the Southeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southeast corner of the Northwest Quarter of the Southeast Quarter of said Section 27; thence West 10.19 chains to a stake; thence North to the center of the road; thence Southeasterly along the center of the road, 10.57 chains to the East line of the Northwest Quarter of the Southeast Quarter of said Section 27; thence South on the aforesaid East line of the Northwest Quarter of the Southeast Quarter to the place of beginning, in McHenry County, Illinois. Permanent Property Index No.: 09-27-407-009; commonly known as 4405 W. Elm Street, McHenry, Illinois 60050 WHEREAS, the Petitioners request a conditional use permit to allow a restaurant serving alcoholic beverages but without live entertainment or dancing on the above described property, said property currently classified in the C-5 zoning district, pursuant to the ordinances of the City of McHenry; and WHEREAS, a hearing on said petition was held before the Zoning Board of Appeals of the City of McHenry in the manner and in form as prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the taking of evidence and viewing of exhibits advanced thereat, the Zoning Board of Appeals of the City of McHenry found that the petitioner met the criteria contained in Table 31 of the Zoning Ordinance of the City of McHenry and did recommend to the City Council of the City of McHenry the granting of the requested conditional use for a restaurant serving alcoholic beverages but without live entertainment or dancing. WHEREAS, the City Council of the City of McHenry has considered the recommendation as submitted by Zoning Board of Appeals; NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of McHenry, Illinois: SECTION 1: That a conditional use permit be given to the property legally described above in the City of McHenry, Illinois, to permit a restaurant serving alcoholic beverages but without live entertainment or dancing; and SECTION 2: That the City Council finds that in granting said conditional use, the following findings have been proved: 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. 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 all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 3: All ordinances or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed and Approved this 25th day of June, 1997. VOTING AYE: Bolger, G1 ab, McCI atchey, Baird. VOTING NAY None. ABSTAINED: None. ABSENT: Murgatroyd. NOT VOTING: None. Mayor ATTEST: City Clerk -�: