HomeMy WebLinkAboutOrdinances - ORD-03-1166 - 08/18/2003 - GRANT CUP 4305 W ELM ST BURRITOVILLEORDINANCE NO. ORD-03-1166
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE OPERATION OF A
RESTAURANT FOR BURRITOVILLE LOCATED AT 4305 W. ELM STREET, IN THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Burritoville of McHenry, Inc.
requesting a Conditional Use Permit to serve alcoholic beverages in conjunction with
the operation of a restaurant; and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on June 20, 2002, 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 the property commonly known as 4305 W. Elm Street and
legally described on attached Exhibit "A", is hereby granted a Conditional Use Permit to
serve alcoholic beverages in conjunction with the operation of a restaurant, subject to
the following conditions:
1) No alcohol consumption shall be allowed outside of the building;
2) No carryout alcohol sales shall be permitted.
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 12Tu DAY OF AUGUST , 2003
AYS: BOLGER, LOW, PETERSON, CONDON
NAYS: GLAB, MURGATROYD
ABSTAINED: NONE
ABSENT: W MMER
NOT VOTING: NONE
APPROVED THIS 18TH DAY OF AUGUST , 2003
WKR
I MA e-
ATTEST:
C
CITY 7RK
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Exhibit "A"
PARCEL 1t
Lot 12 in A.H. Manley's Out-Wts to West McMenrj. a Subdivision o[ port of the :NOcthe33t ouacter of t.* Southeast Quarter of Section
27, Township 45 North, Item* g East of the bird Principal Merldiat, according to the Plat thereof recorded Septentier 9. 1679, in Book
I of Plata, page 7. in McHenry Coanicy. Illinois. xLso The East 66.0 feat of the West 132.9 feet' of that part of Lots 11 and 12 Of
A.H. Aanley's Out -Lau to West McHenry, being a Subdivision of pact of the Northeast Quarter of the Southeast Quarter of Section 77,
.ownshtp 45 North. Flange 8 East of the :hind pclncipal Neridian, aceordiny t9 the Plat thereof recorded Septeubetr 9. 1879,r in Bock 1 of
plats, page 7, in :4=4enry County; Illinois, also pact of the West Hal! o! the West 3 chains 37 links of the Noctheasc Qoacter of the
Sout.-%ea:t Quarter of Section 27. Township and ?-m.;e aforesaid, lyin; Suuthec!y of the center of old K.xdsttock and McHenry Ruad and
Nocthecly of tho earth Bank of the Creek (escepti.q therefrom said Las it and 12 in A.H. Hanley's Ot:t-lets to West MCPenry), voce
particularly described as followst Begin nLag at the point of inters-at:ttan of the West line of the Northeast Quarter of the Southeast
;vartCF'of said Section 27 and the centerline of Old Woodstock and MCIFenry Road, said point of intersection also being the Northwest'
comer of said Lot 12 0! A.H. Hanley's Out-W s to Wast McHenry; thence Southeasterly along the said centerline Of Old Woodstock and
mil my Road foe a distance of 181.1.3 feet to a point on the East tine o`. said We,nt Half of the West 3 chains 37 links (excepting
therefrom said Lots 11 and 12 in A.H. Hanley'a Out-:ets to West Mchtency) thenco Gautherly alory the lost described East line for a
distance of 66.24 feet to the point of intersection with.* curved jute dravti concentric with and 47.6 feet radially distant
Southwesterly of the centerline of.FA Route 21 (Illinois Inoutr 12s)1 tierce !northwesterly alorg the last described concentric line,
being a curve to the left having a radius of 2179.1 feet, foc an -arc lencth of 95.18 fee tr thence ,Northeasterly along a line drawn
radial to the centerline of said FA Route 21•(Illinois Route 129)-foc a distance of 10.3 feet to the point of intersection with the
existing right-of-way line'tif rA Route 21 (Illinott L>xte 129)1'theni-%'Nkxthwesterly along the existing right -of -Way line of FA Fk to
21 (Illinois Route 120) said cighc-of=way lime being a curve to the left having a radius of n 8e.1 feet foc an arc length of 96.88 feet
to a point on the West line'of said Lot 12; thence IJbctherly elan) the ►k;t line of said Let 12 for a distance of 35.16 feet to the•
point of•beginnirq, in McR my Ownty; Illinois. ALSO The West Half of the following described premises: That part of the Northeast
Quarter of the southeast Quarter of Section 27, which lies Sotch of Lie eenteclite.of the highway running from Acuenry to Woodstock and
West of a line which is 3 chains and •37 links East of the West 13ne of said Northeast Quarter of the southeast Q1artKt (except
therefrom Lots 11 and. 12 of A.H. Hanley's out -Iota to West McHenry. amcding = the Plat thereof recorded septevbec 9. 1879. in Hook 1
of Deed:. page 7 and also eroeptGg' there from that part thereof which lies South of the :forth bank of the creek) in Township 45 North.
Range 8 East qf the Third Principal Meridian, in McHenry County, Illinois.
PARCEL 2:
That part of the Northeast Quarter of the Southeast Quarter of Section 27,
Township 45 North, Range 8 East of the Third Principal Meridian,more
particularly described as follows:
Beginni,og at the Southwest corner of Lot 12 in A.H. Hanley's Out -Lots
to West McHenry, according to the Plat thereof recorded September 9, 1879,
in Book 1 of PLats,Page 7;'
Thence Easterly along the South Line of Lots 12 and 11 in said A.H., Hanley'V
Out -Lots to West McHenry, a distance of 132.0 feet to the Southeast corner
of I.ot 11;
Thence southerly along the Edsterly line extended South of said Lot 11,
a distance of 40.5 feet more or less to the p'-int on the North Bank of the
Creek;
Thence Northwesterly along said North Bank of the Creek to the point of
intersection with the Westerly line extended South of said Lot 12;
Thence Northerly along said Westerly line extended South of said Lot 12
to the point of beginning, all in McHenry.County, Illinois.
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