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Home My WebLink AboutOrdinances - ORD-05-1257 - 02/14/2005 - GRANT CUP AND VARIANCES TACO BELL/LONG JOHN SILVER,a J C,12� ORDINANCE NO. ORD-05-1257 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW A DRIVE-THRU FACILITY IN CONJUNCTION WITH A NEW TACO BELL/LONG JOHN SILVER'S RESTAURANT AT 4112 W. ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Mario Valentini for a Conditional Use Permit and Variances to allow a drive-thru facility in conjunction with a new Taco Bell/Long John Silver's restaurant at 4112 W. Elm Street in the City of McHenry, 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 December 16, 2004, 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 Variances; 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 and Variances are 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 PROEPRTY be granted a Conditional Use Permit to allow a drive-thru facility in conjunction with a new Taco Bell/Long John Silver's restaurant, provided that the SUBJECT PROPERTY is developed in substantial accordance with: the site plan, landscape plan and building elevations, collectively, (the "SITE PLAN") prepared by Walter Johnson Architects, Inc. and bearing an approved date of 2/7/05 attached hereto and incorporated herein as Exhibit `B". 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: That the SUBJECT PROPERTY is hereby granted a variance from Tables 14 and 15 to waive the parking lot screening strip requirement and a variance from Table 13 to reduce the number of required off-street parking spaces from 51 to 35. SECTION 4: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a 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. 8. The granting of a 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. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. 2 PASSED THIS SIN. DAY OF B01GER, GLAR, LOW, MURGATROYD,uu r PETERSON NAYS: COND ABSTAINED: NgNg ABSENT: NONE NOT VOTING: NONE APPROVED THIS 14TH DAY OF FFRROY .2005 /.., �4- -/MAYOR ATTEST: �. CITY LE Exhibit "A" Legal Description of the SUBJECT PROPERTY Parcel 1 Lot 2 of the Delvan Subdivision, being a Subdivision of part of the Southeast '/ of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded November 30, 1984 as Document #896384 in McHenry, Illinois Parcel 2 Drainage Easement for the benefit of Parcel 1 and contained in an instrument recorded December 3, 1984 as Document N896630. 4 oo.a P 0 gig g WARREN JOHNSON i�F a ARCHITECTS, INC. C2 Iq N. BRM-Er STREET, PALATINE, ILLINOIS 60061 L TE841-2*q.gbl6 FAX 641359.q" r c r c e r r r r r r s r r r r r e r e e r e r r r r r r r r r r r r r r r c a r r r r r r;... 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