HomeMy WebLinkAboutOrdinances - O-98-869 - 05/06/1998 - GRANT CUP 2100 N RICHMOND RD STEAK N SHAKEORDINANCE NO. 0-98-869
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR A DRIVE-THRU RESTAURANT AT 2100 N. RICHMOND ROAD,
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, a petition has been filed with the City Clerk by Steak 'n Shake, Inc.,
requesting a Conditional Use Permit to allow a Drive-Thru restaurant at the location
commonly known as 2100 N. Richmond Road; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on March 30, 1998 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council the granting of the requested Conditional Use Permit;
and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals, including all exhibits containing plans and
specifications for the proposed use, and finds that the approval of the requested
Conditional Use Permit is consistent 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 a Conditional Use Permit to allow a Drive-Thru restaurant is
hereby granted to the property commonly known as 2100 N. Richmond Road, which is a
part of that property legally described below:
Legal Description:
The South 300.00 feet of that part of Lot 5 of the County Clerk's Plat of part of
Sections 22 and 23 in Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Beginning at the southwest corner of the
southeast quarter of Section 23; thence east on the quarter line, 27 rods; thence
north 30 rods and 12 feet; thence west 27 rods to the west line of said quarter;
thence south along said quarter line to the place of beginning, according to the
plat thereof recorded May 6, 1902 as Document No. 14082 in Book 2 of Plats,
page 34, in McHenry County, Illinois.
SECTION 2: That the approval of this Conditional Use Permit is subject to the
condition that the Drive-Thru restaurant shall be developed in conformance with the site
plan prepared by Smith Engineering Consultants, Inc., dated 11/14/97, with latest
revisions on 2/3/98, attached to and made a part of this ordinance as Exhibit A.
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 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 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 6th DAY OF May , 1998.
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
Bolger, Glab, McClatchey, Murgatroyd.
None.
None.
Baird.
None.
6th DAY OF May , 1998.
r
AYOR