HomeMy WebLinkAboutOrdinances - O-99-938 - 09/22/1999 - GRANT CUP MICHAEL'S BISTRO 818 N FRONT STORDINANCE NO. 0-99-938
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANT
SERVING ALCOHOLIC BEVERAGES AT 818 N. FRONT STREET, CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Michael's Bistro, Inc.,
requesting a Conditional Use Permit for a Restaurant Serving Alcoholic Beverages at
818 N. Front Street; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on September 13, 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
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 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 known as 818 N. Front Street, and
legally described below, be granted a Conditional Use Permit for a Restaurant Serving
Alcoholic Beverage:, subject to the following conditions:
The liquor sales shall be limited to beer and wine only, through issuance of a
"Class H" liquor license.
2. The Conditional Use Permit shall be limited to the south portion of the westerly
most building on the property, consisting of approximately 1,100 square feet.
Legal Description
That part of Sub -Lot of Out -Lot 5 of the Original Plat of West McHenry, a
Subdivision of part of the Northwest Quarter of Section 35, Township 45 North,
Range 8 East of the Third Principal Median, according to the Plat thereof
recorded June 14, 1859 in book 24 of Deeds, page 22, described as follows:
Commencing at the Northeasterly corner of Sub -Lot 1 of Out -Lot 5 and also
being the Northwesterly Corner of Sub -Lot 3 of Out -Lot 5 and running North 75
degrees and 32 minutes West along the Northerly line of said Out -Lot 5, a
distance of 20.56 feet to a point: thence Southerly on a line parallel with the
Westerly boundary of Sub -Lots 2 and 3 of said Out -Lot 5, for a distance of
270.24 feet to a point for a place of beginning; thence Southerly on a
continuation of the last described line 229.12 feet to point; thence North 89
degrees 32 minutes West 350.84 feet to a point on the Easterly right of way line
of State Highway No. 31; thence Northerly along said Easterly right of way line
thereof, 156.28 feet to a point of curvature; thence Northerly along said right of
way line being on a curved line to the right (radius of 3468 feet) for a distance of
96.41 feet to a point; thence 85 degrees, 37 minutes East 354.75 feet to the
place of beginning, (excepting the South 101 feet thereof) in McHenry County,
Illinois.
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 us3 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 22ND DAY OF SEPTEMBER , 1999
AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: NONE.
NONE.
ABSTAINED:
ABSENT: NONE.
NOT VOTING: NONE.
APPROVED THIS 22ND DAY OF SEPTMEBER , 1999
4)AYOR
ATTEST:
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