HomeMy WebLinkAboutOrdinances - ORD-04-1202.A - 02/09/2004 - AMEND CUP DUNKIN DONUTS/BASKIN ROBBINS 4502 WEST EORDINANCE NO.ORD-04-1202. A
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
DUNKINN DONUTSBASIGN ROBBINS TO MODWY THE INGRESS/EGRESS AISLE FROM RAMBLE
ROAD TOR THEIR FACILITY LOCATED AT 4502 WEST ELM STREET IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved Ordinance ORD-03-1150
granting a conditional use permit to allow a drive-thra restaurant at 4502 West Elm Street in the City of McHenry,
legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and
WHEREAS, George Sarfatty (the "APPLICANT") has submitted a request to allow a modification in the
site plant regarding the Ramble Road access to the SUBJECT PROPERTY, thereby changing it to both ingress and
egress; and
WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to
approve an expansion, alteration or amendment to a conditional use, or may send the item back to the Planning and
Zoning Commission for a public hearing; and
WHEREAS, the City Council has considered the evidence presented and finds that the approval of the
requested modification to the site plan allowing both ingress and egress from Ramble Road for the site 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, and should be approved without sending the matter back to the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Ordinance ORD-03-1150 granting a Conditional Use Permit to allow a drive -tiro
restaurant on the SUBJECT PROPERTY, is hereby amended to allow a modification allowing both ingress and
egress from Ramble Road, in accordance with the site plan and drawings (the "SITE PLAN"), attached hereto and
incorporated herein as Exhibit "B".
SECTION 2: In granting said amendment to the 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 9 h DAY OF FebnLnv , 2004
AYES: Bolger, Glab, Low, Mur ag_troyd, Wimmer, Peterson, Condon
NAYS: None.
ABSTAINED: None.
ABSENT: None.
NOT VOTING:
APPROVED THIS 9 h DAY OF February . 2004
YOR
ATTEST:
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
PARCEL 1: LOT "A" Dunkin Donuts Resubdivision of Lot 1 in Robert Cerwin's Subdivision and the
Easterly 9 feet of the westerly 18 feet of Lot 18 in Block 1 in Lakeland Shores Unit 2, all in Section 27,
Township 45 North, Range 8 east of the third principal meridian, according to the plat thereof recorded
December 7, 1977 as Document No 717024 In McHenry County, Illinois.
PARCEL 2: LOT 18 in Block 1 of Lakeland Shores Unit 2 (Except the westerly 18 feet of said lot being
part of Dunkin Donuts Resubdivision) being a subdivision of part of Section 27, Townshisp 45 North,
Range 8 east of the third principal meridian, according to the plat thereof recorded November 21, 1957 as
Document 331763 in Book 13 of plats, page 46, as amended by certificate recorded May 25, 1961 as
Document No 386168 in McHenry County, Illinois.
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