HomeMy WebLinkAboutOrdinances - O-97-849 - 11/12/1997 - GRANT CUP JOSEPH BONO NICLINOSORDINANCE NO.0-97-849
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
A "RESTAURANT SERVING ALCOHOLIC BEVERAGES WITH LIVE
ENTERTAINMENT OR DANCING" IN THE BP, BUSINESS PARK
DISTRICT, 625 RIDGEVIEW DRIVE, CITY OF McHENRY,
McHENRY COUNTY, ILLINOIS.
WHEREAS, a petition has been filed with the City Clerk by
JOSEPH BONO requesting a Conditional Use Permit to permit a
restaurant serving alcoholic beverages with live entertainment
or dancing in the BP, Business Park District at 625 Ridgeview
Drive, City of McHenry, McHenry County, Illinois, which is
located in the Inland Business Park; and
WHEREAS, public hearings on said petition were held before
the Zoning Board of Appeals on October 6, 1997 and October 27,
1997, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearings, the Zoning Board of
Appeals did recommend to the City Council the granting of the
requested Conditional Use Permit, subject to certain conditions;
and
WHEREAS, the City Council has considered the evidence and
recommendation from the Zoning Board of Appeals and finds that
the approval of the requested Conditional Use Permit is consis-
tent with the objectives of the City of McHenry Zoning Ordinance
to protect the public health, safety, morals and general welfare
of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows:
SECTION 1: That the property commonly known as 625 RIDGE -
VIEW DRIVE, and legally described below be granted a Conditional
Use Permit to allow a Restaurant Serving Alcoholic Beverages with
Live Entertainment or Dancing in the BP, Business Park -District of
Inland Business Park:
LEGAL DESCRIPTION:
LOTS 3 AND 4 OF INLAND BUSINESS PARK PHASE 1, BEING A SUB-
DIVISION OF PART OF THE SOUTH HALF OF SECTION 3, TOWNSHIP 44
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, McHENRY
COUNTY, ILLINOIS.
SECTION 2: That the approval of this Conditional Use
Permit is subject to the following condition:
1. That the live entertainment and dancing permitted
pursuant to this conditional use shall be limited
to include dancing to the musical performance by
one or more persons, not to exceed five, by the use
of amplified recording playback equipment or musical
instruments or vocal accompaniment music renditions.
2. The live entertainment and dancing permitted hereunder
specifically excludes any entertainment featuring top-
less dancers, go-go dancers, exotic dancers, strippers,
male or female or female impersonators or similar
entertainers where sexual conduct is depicted and/or
sexual activity is encouraged or tolerated.
3. Violation of these limitations imposed by this condi-
tional use shall subject the conditional use and any
liquor license issued to be revoked.
SECTION 3: In granting said Conditional Use Permit, the
City Council finds that it will be compatible with existing uses
in the area, and with the Permitted Uses in the zoning district,
in the following ways:
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 dis-
posal, blockage of light or air, or other adverse environ-
mental 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 Envioronmental 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 facil-
ities or services to a degree disproportionate to that norm-
ally 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 assoc-
iated 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 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, McHenry County, Illinois.
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 12th DAY OF November , 1997.
AYES: Bolger, Glab, McClatchey, Murgatrcyd, Baird.
NAYS: No
ABSTAINED: No
ABSENT: No
NOT VOTING: Non
APPROVED THIS12th_DAY OF No MpmhPr , 1997.
OR
ATTEST:
CITY CLERK '