HomeMy WebLinkAboutOrdinances - ORD-06-1321 - 07/10/2006 - AMEND CUP MULLIGANS TO ALLOW 1400 SF EXPANSION 261ORDINANCE NO. ORD-06-1321
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
MULLIGAN'S SALOON TO ALLOW A 1,400 SQUARE FOOT EXPANSION
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
1,400 square foot expansion of the restaurant 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 1,400 square foot expansion 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 a 1,400 square foot expansion of the
restaurant, in substantial accordance with the floor plan (the "FLOOR 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 LOTH DAY OF JU LY 12006
AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON
NAYS: G LAB
ABSTAINED: NONE
ABSENT: CONDON
NOT VOTING:
NONE
APPROVED THIS 10TH DAY OF JU LY , 2006
.OAYOR
ATTEST:
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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
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