HomeMy WebLinkAboutOrdinances - ORD-05-1283 - 07/07/2005 - GRANT CUP BISTRO AT 731 RIDGEVIEW DRORDINANCE NO.ORD-05-1283
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR A BISTRO AT 731 RIDGEVIEW DRIVE,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Fox Development and Dr. Thomas
Kukla requesting a conditional use permit for a bistro, for the property located at 731 Ridgeview
Drive, which is 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 June 3, 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
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 SUBJECT PROEPRTY is hereby granted a conditional use permit
for a bistro.
SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the condition that the hours of operation for said bistro are
generally from 6:00 a.m. to 2:00 p.m.
SECTION 3: 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 4: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 7TH DAY OF ju, y 52004
AYES: BOLGER, GLAB, LOW,MURGATROYD, WIMMER. PETERSON. CONDON
NAYS: NONE
ABSTAINED: NONE
NONE
ABSENT:
NOT VOTING: NONE
APPROVED THIS 7TH DAY OF DULY 12004
ATTEST:
CI Y CL C
2
Exhibit A
Lep-al Description of the SUBJECT PROPERTY
Lots 9 through 13, both inclusive, in Inland Business Park Phase 1, being a subdivision of part of
the South Half of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian,
according to the plat thereof recorded June 12, 1997 as Document No. 97R27443, in McHenry
County, Illinois.