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HomeMy WebLinkAboutOrdinances - O-99-918 - 06/30/1999 - GRANT CUP 209 N FRONT ST TRUSZKOWSKIORDINANCE NO. 0-99-918 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES AT 209 N. FRONT STREET, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City Clerk by Walter J. Truszkowski, 213 N. Front Street, requesting a Conditional Use Permit for a Restaurant Serving Alcoholic Beverages at 209 N. Front Street; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on May 3, 1999, and reheard on June 7, 1999, 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 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 the property commonly knows as 209 N. Front Street and . legally described below be granted a Conditional Use Permit for a Restaurant Serving Alcoholic Beverages. Legal Description The South 128.15 feet, as measured on the East line thereof, of that part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest comer of the Southwest Quarter of the Southwest Quarter of said Section 35, thence Easterly along the Quarter Section line, a distance of 666.18 feet to the Westerly line of Illinois State Highway, running in a Northerly and Southerly direction through said Southwest Quarter of said Section 35, thence Southerly along said Westerly line of Illinois State Highway, a distance of 646.51 feet; thence Westerly and parallel to said Quarter Section line a distance of 681.4 feet to the Westerly line of said Section 35, thence Northerly along said section line a distance of 646.6 feet to the place of beginning, in McHenry County, Illinois. (PIN: 09-35-351-004) SECTION 2: 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 that: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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; C. 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. D. 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; E. 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; and F. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof 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, McHenry County, Illinois. SECTION 5: 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 30TH DAY OF JUNE , 1999 AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NAYS: NONE. ABSTAINED: NONE. ABSENT: NONE NOT VOTING: NONE. APPROVED THIS 30TH DAY OF ATTEST: 1 , 1A. FA ME �/ JUNE 1999 A&Y-OR 0