HomeMy WebLinkAboutOrdinances - ORD-06-1304 - 03/06/2006 - GRANT CUP DRIVE THRU 2210 W ELM ST BAGLIOORDINANCE NO. ORD-06--)1304
AN ORDINANCE GRANTING A CONDITONAL USE PERMIT
FOR A DRIVE-THRU, AT 2210 WEST ELM STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Michael Baglio requesting a Conditional Use
Permit to allow a drive-thru use as part of the inline retail development for the property 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 January 19, 2006, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Conditional Use Permit was unanimously approved; and
WHEREAS, the City Council has considered the evidence and recommendations 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 permit a
drive-thru user in substantial accordance with the site plan prepared by the applicant, attached hereto as
Exhibit B, provided that drive-thru uses shall be limited to: Restaurants; Ice cream, donut, yogurt, candy, nut
and popcorn shops; Dry cleaners with no on -site processing; Coffee, tea and other non-alcoholic beverage
shops; Video rental stores; and Photo shops.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that requirements of
Table 31 of the Zoning Ordinance have been met in that:
1. The requested use will not adversely impact traffic not otherwise typical for permitted uses
in the zoning district;
2. The requested use will not create an environmental nuisance with any adverse effects of
noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of
permitted uses in the zoning district;
3. The requested use will fit harmoniously with the existing natural or man-made character of
the surrounding area;
4. The requested use will not require community facilities or services not otherwise typical for
permitted uses in the zoning district;
5. The requested use will not be detrimental to the safety or health of the employees, patrons or
visitors associated with the use, nor the general public in the vicinity; and
6. The requested 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 6TH DAY OF MARCH , 2006
AYES: SANTI, SCHAEFER, WIMMER. PETERSON, CONDON
NAYS:
G LAB
ABSTAINED: NONE
ABSENT:
MURGATROYD
NOT VOTING: NONE
APPROVED THIS 6TH DAY OF MARCH , 2006
ATTEST:
CITY LE
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EXHIBIT A
PARCEL 1: THAT PART OF THE NORTHEAST Y4 OF THE NORTHEAST'/4
OF SECTION 36, IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, LYING NORTH OF A LINE 50 FEET NORTH AND
PARALLEL TO THE CENTERLINE OF ROUTE 120, DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF
SECTION 36, 959.1 FEET WEST OF THE NORTHEAST CORNER OF SAID
SECTION; THENCE SOUTH 00 DEGREES 06 MINUTES EAST 162.4 FEET TO
A POINT 50 FEET NORTH OF THE CENTERLINE OF ROUTE 1209 A
DISTANCE OF 258.0 FEET; THENCE NORTH AT RIGHT ANGLES TO THE
LAST DESCRIBED LINE 162.85 FEET, MORE OR LESS, TO THE
NORTHLINE OF SAID SECTION 36; THENCE EAST ON THE NORTH LINE
OF SAID SECTION 36, 258.0 FEET TO THE PLACE OF BEGINNING.
PARCEL 2: PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST % OF
SECTION 25, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT IN THE SOUTH LINE OF SECTION 25, 959.1 FEET WEST OF THE
SOUTHEAST CORNER OF SAID SECTION; THENCE NORTH 00 DEGREES 06
MINUTES WEST. A DISTANCE OF 84.6 FEET; THENCE WEST AT RIGHT
ANGLES TO THE LAST DESCRIBED LINE 258.0 FEET; THENCE SOUTH AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE 84.15 FEET, MORE OR
LESS, TO THE SOUTH LINE OF SAID SECTION 25; THENCE EAST ON THE
SOUTH LINE OF SECTION 25, 258.0 FEET TO THE PLACE OF BEGINNING,
IN MCHENRY COUNTY, ILLINOIS.
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