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HomeMy WebLinkAboutOrdinances - ORD-00-959 - 05/31/2000 - GRANT CUP 1249 N GREEN ST MICHAEL'S BISTROORDINANCE NO. Ord-00-959 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A RESTAURANT SERVING ALCOHOLIC BEVERAGES AT 1249 N. GREEN 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 1249 N. Green Street; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on May 15, 2000, 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 1249 N. Green Street, and legally described below, be granted a Conditional Use Permit for a Restaurant Serving Alcoholic Beverages. Legal Description The East 155 feet of Lot 4, in Block 23 of the Original Plat of McHenry on the West side of Fox River, a Subdivision of part of the Southeast Quarter of Section 26, described as follows: Beginning at the Northeast corner of said Lot 4, on the West side of Green Street, and running thence North 66 degrees West, on the line between Lots 3 and 4, 155 feet; thence South, 24 degrees West, 66 feet to the South line of Lot 4; thence South, 66 degrees East, 155 feet to the Southeast corner of said Lot and to Green Street; thence North 24 degrees East, on Green Street, 66 feet to the place of beginning, in Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds page 160, 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 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 —31st DAY OF May '2000 AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: Bolger, Glab, McClatchey, Murgatroyd, Baird. None. None. None. None. APPROVEDTHIS 31st DAYOF ATTEST: FF54 ASO May .2000 OR