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 -�: