HomeMy WebLinkAboutOrdinances - ORD-05-1284 - 05/16/2005 - GRANT CUP RESTAURANT W/ALCOHOLIC 2616 SCHAID CT MUORDINANCE NO. ORD-05-1284
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES AT 2606 SCHAID COURT
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Les Lunsmann and Chad Karlen for a Conditional Use
Permit to allow a restaurant serving alcoholic beverages at 2606 Schaid Court 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 April
21, 2005, 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 PROPERTY be granted a Conditional Use Permit to allow a restaurant
serving alcoholic beverages on the SUBJECT PROPERTY.
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 16TH DAY OF MAY , 2005
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NAYS:
ABSTAINED:
ABSENT: NONE
NOT VOTING: NO N E
APPROVED THIS 16TH DAY OF MAY 12005
44�2 2
MAYOR
ATTEST:
EXHIBIT A
Legal Description of Subject Property
Lots 8 through 20 in the Northgate West Subdivision, being a subdivision of part of the Southeast
Quarter of the Northwest Quarter of Section 23, Township 45 North, Range 8, East of the Third
Principal Meridian, recorded as document 2002RO116571 in McHenry County, Illinois