Loading...
HomeMy WebLinkAboutOrdinances - ORD-03-1133 - 03/17/2003 - GRANT USE VARIANCE FOR DUNHILLS RESTAURANTduu, ORDINANCE NO. ORD-03-1133 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES AND PROVIDING LIVE ENTERTAINMENT FOR PROPERTY LOCATED AT 1601 SOUTH ILLINOIS ROUTE 31, IN THE MCHENRY CORPRATE CENTER, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by McHenry Corporate Center, Inc., individually and as sole Member and Managing Member of McHenry Hotel Partners, L.L.C. and McHenry Hotel Partners, L.L.C., collectively (the "APPLICANT) requesting a Use Variance to allow a restaurant serving alcoholic beverages and providing live entertainment for property located at 1501 South Illinois Route 31, in the McHenry Corporate Center, legally described on Exhibit "A" attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 6, 2003 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variance; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested Use Variance 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 SUBJECT PROPERTY is hereby granted a Use Variance to allow a restaurant serving alcoholic beverages and providing live entertainment subject to the condition that the SUBJECT PROPERTY is developed in substantial conformance with the site plan and building elevations prepared by Gillespie Design Group and the landscape plan prepared by A Ruth Landscape dated February 6, 2003, collectively (the "SITE PLAN). SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1. The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 2. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the Zoning Ordinance for the applicable zoning district without the Use Variance. 3. Special circumstances exist that are peculiar to the property for which the Use Variance is sought and that do not apply generally to other properties in the same zoning district. 4. The granting of the Use Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5. The granting of the Use Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. SECTION 3: All Ordinances 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 17TH DAY OF MARCH , 2003 AYS: BOLGER, LOW, MURGATROYD, WIMMER NAYS: G LAB ABSTAINED: NONE ABSENT: NOT VOTING: NONE NONE APPROVED THIS 17TH DAY OF ( MARCH 2003 MAYOR ATTEST: C. CI C RK 0 - 2 Exhibit "A" Legal Description of the SUBJECT PROPERTY Lot 3 of McHenry Corporate Center Unit 8 Resubdivision of Lot 1, being a subdivision of part of Northeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian according to the plat thereof recorded as Document Number 2002R0036827 on April 23, 2002 in McHenry County, Illinois. Also that part of Lot 2'of said McHenry Corporate Center Unit 8 Resubdivision of Lot 1 more particularly described as follows: beginning at the southwesterly corner of said Lot 3; thence'North 63 degrees 31 minutes 11 seconds West along the extension of the southerly line of said Lot 3, a distance of 39.33 feet to a line 35 feet westerly of and parallel with the westerly line of said Lot 3; thence North 00 degrees 39 minutes 53 seconds West along said parallel line, a distance of 198.99 feet to the northerly line of said Lot 2; thence North 89 degrees 20 minutes 07 seconds East along said northerly line, a distance of 35.00 feet to the northwesterly corner of said Lot 3; thence South 00 degrees 39 minutes 53 seconds East along the westerly line of said Lot 3, a distance of 216.94 feet to the point of beginning, all in McHenry County, Illinois.