Loading...
HomeMy WebLinkAboutOrdinances - ORD-06-1308 - 04/17/2006 - AMEND CUP MULLIGANS FOR OUTSIDE SEATING AREAORDINANCE NO. ORD-06-1308 AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR MULLIGAN'S SALOON TO ALLOW A 20' x 20' OUTDOOR SEATING AREA AT 2616 SCHAID COURT IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City Council of the City of McHenry previously approved Ordinance 05-1284 granting a conditional use permit to allow a restaurant serving alcoholic beverages at 2616 Schaid Court in the City of McHenry, legally described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and WHEREAS, Les Lunsman (the "APPLICANT") has submitted a letter to the City requesting approval of a 20' x 20' outdoor patio area on the SUBJECT PROPERTY; 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 20' x 20' outdoor patio area 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 05-1284 granting a Conditional Use Permit to allow a restaurant serving alcoholic beverages on the SUBJECT PROPERTY, is hereby amended to allow the addition of a 20' x 20' outdoor patio area, which shall be enclosed with a fence, 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 17TH DAY OF APRI L , 2006 AYES: SANTI, CAB, SCHAEFER ., MLIRGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 17TH DAY OF APRI L 12006 ATTEST: � e � CI Y CL RK MAYOR 2 Exhibit "A" Legal Description of the 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 2002R0116571 in McHenry County, Illinois N