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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 '