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HomeMy WebLinkAboutOrdinances - ORD-01-1955.A - 10/29/2001 - GRANT CUP 2314 W RTE 120 KEVIN MUNDTORD-01-1055.A ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A BAR AND GRILL SERVING ALCOHOLIC BEVERAGES AND HAVING LIVE ENTERTAINMENT AT 2314 W. ROUTE 120, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Kevin Mundt, James Clendening and Bill Hauck requesting a conditional use permit to allow a bar and grill serving alcoholic beverages and having live entertainment at 2314 W. Route 120 in the City of McHenry; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on September 13, 2001, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested variance; 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 2314 W. Route 120, and legally described on the Exhibit A, attached hereto and by this reference incorporated herein, is hereby granted a conditional use permit to allow a bar and grill serving alcoholic beverages and having live entertainment. SECTION 2: That the approval of the conditional use permit as provided in this ordinance is granted subject to the following conditions: 1) An 8' high solid fence shall be installed along the rear property line; and 2) A gate shall be installed on the front of the existing trash corral. 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. E 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 29TH DAY OF OCTOBER , 2001 AYES: NAYS: ABSTAINED MURGATROYD, WIMMER NONE ABSENT: GLAB NOT VOTING: NONE APPROVED THIS 29TH DAY OF OCTOBER , 2001 ATTEST: i t,,a� C. cttbJ CITY ERK 3 EXHIBIT A LEGAL DESCRIPTLON (LD: N/A): The East 150 Feet of the west 750 feet of the following described tract of land located Lr, the Southeast Quarter of Section 25 and the Northeast Quarter of Section 36, all in Township 45 North, Range 8 East of the Third Principal Meridian, described as follows. Commencing at the Southwest corner of Lot 44 in Block 7 in Eastwood Manor Unit No. 2, according to the Plat thereof recorded August 17, 1956 as Document No. 311472, in Book 12 of Plats, page 82; thence South along the East line of Hillside Lane, 350 feet to the center line of State Route No. 120: thence East along the center of said highway, 900 feet; thence North parallel with the East line of Hillside Lane, 350 feet to the South line of Block 7; thence West along the South line of said Block 7, 900 feet, to' the place of beginning, (except that part thereof taken for highway), also excepting and reserving therefrom that part described as follows: Commencing at the Southwest corner of said Lot 44 in Block. 7 in Eastwood Manor Unit No. 2, thence on an assumed bearing of South 0 degrees 31 minutes 20 seconds East along the East line of Hillside Lane 349.90 feet (350.0 feet recorded) to a point on the centerline of Illinois Route 120; thence North 89 degrees 28 minutes 40 seconds East along said centerline 600.00 feet to the Southwest corner of the lands of the grantor for a point of beginning; thence continuing along the last described course 150.00 Feet to the Southeast corner of the lands of the grantor; thence North 0 degrees '31 minutes 20 seconds west along the East line thereof 50.0 feet; thence South 89 degrees 28 minutes 40 seconds West parallel with the centerline of Illinois Route 120 a distance of 150.00 feet to a point on the west line of the lands of the grantor; thence South 0 degrees 31 minutes 20 seconds East along said West line 50.00 feet to the point of beginning, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09.36.200.020 STREET ADDRESS: 2314 W, Route 120 McHenry, IL 60650 4