HomeMy WebLinkAboutOrdinances - ORD-03-1163 - 08/04/2003 - GRANT CUP 3421 W ELM SHEILA EILER HORSIN AROUNDORDINANCE NO. ORD-03-1163
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE OPERATION OF A
RESTAURANT FOR HORSK AROUND KARAOKE KAFE
AT 3421 W. ELM STREET, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Sheila M. Eiler requesting a
Conditional Use Permit to serve alcoholic beverages in conjunction with the operation of
a restaurant for Horsin' Around Karaoke Kafe, located at 3421 W. Elm Street
and legally described on Exhibit "A" attached hereto, (the "SUBJECT PROPERTY");
and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on June 19, 2003, in the manner prescribed by ordinance and
statute, and as a result of said hearing, the Planning and Zoning Commission 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 Planning and Zoning Commission 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 SUBJECT PROPERTY is hereby granted a Conditional Use
Permit to serve alcoholic beverages in conjunction with the operation of a restaurant for
Horsin' Around Karaoke Kafe.
SECTION 2: 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:
1. 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 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 4TH DAY OF AUGUST , 2003
AYS:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
G LAB
NONE
NONE
APPROVED THIS 4TH DAY OF
ATTEST:
CITY LE 0
AUGUST .2003
A�� e X-Z�
MAYOR
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lot 2 and the Northeasterly 34 feet of Lot 3 (except the Southeasterly 30 feet of' said
Lots 2 and 3) in Block 25 in the Original Plat of the Village (now City) of McHenry, on
the West side of Fox River, a Subdivision of part of the Southeast Fractional Quarter of
Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according
to the Plat thereof recorded July 6, 1840 in Book 8 of Deed, page 160, in McHenry
County, Illinois
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