HomeMy WebLinkAboutOrdinances - ORD-00-976 - 09/13/2000 - GRANT CUP CULVERS 1101 ADAMS DRORDINANCE NO. ORD-00-976
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
A DRIVE-THRU (CULVERS RESTAURANT) TO THE PROPERTY
LOCATED AT 1101 ADAMS DRIVE, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Richard and
Rita Adams, requesting a Conditional Use Permit for a drive-thru restaurant
facility at 1101 Adams Drive; and
WHEREAS, a public hearing on said petition was held before the Zoning
Board of Appeals on August 21, 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; 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 know as 110 1 Adams Drive, and
legally described below, be granted a Conditional Use Permit for a drive-thru
restaurant facility.
LEGAL DESCRIPTION:
Lot 2 in Adams Commercial Centre, being a subdivision of part of the
South Half of Section 25, and part of the Northwest Quarter of Section 36,
all in Township 45 North, Range 8, East of the Third Principal Meridian,
according to the plat thereof recorded December 8, 1999 as Document
No. 1999ROO83506, in McHenry County, Illinois.
SECTION 2: That the approval of the Conditional Use Permit as provided
in this ordinance is granted subject to the condition that the property shall be
developed in substantial conformance with the site plan prepared by Charles A.
Mionske, Inc., dated 8/1/00, filed with City for zoning approval.
SECTION 3: In granting said Conditional Use Permit, the City Council
finds that the requirements of Table 31 of the Zoning Ordinance have been met
in that:
Any adverse impact of types or volumes of traffic flow not otherwise
typical in the zoning district has been minimized.
2. 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. 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. 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. 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
6. 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.
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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 13TH DAY OF SEPTEMBER 2000
AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: NONE.
ABSTAINED: NONE.
ABSENT: NONE.
NOT VOTING:
APPROVED THIS
ATTEST:
13TH DAY OF SEPTEMBER
CITY �CLER�K�
2000
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