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HomeMy WebLinkAboutOrdinances - ORD-06-1346.A - 11/06/2006 - GRANT SETBACK VARIANCE AND CUP RESTAURANT W/ALCOHf ORDINANCE NO. ORD-06-1346. A AN ORDINANCE GRANTING A SETBACK VARIANCE TO ALLOW AN ADDITION TO AN EXISTING BUILDING AND A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT SERVING ALCOHOLIC BEVERAGES AT 921 FRONT STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by James Papas requesting a setback Variance to allow the construction of an addition onto an existing building and a Conditional Use Permit to allow a restaurant serving alcoholic beverages 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 July 6, 2006, and August 3, 2006 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of the requested setback Variance (5-2 vote) and Conditional Use Permit (4-3 vote); 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 Variance and 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 Variance to allow the construction of an addition onto the existing building, provided that the SUBJECT PROPERTY is developed in substantial accordance with the site plan, elevations and floor plans prepared by mg Coan Architect, collectively refen-ed to as the "SITE PLAN," attached hereto and incorporated herein as Exhibit B. SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTON 3: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow a restaurant serving, alcoholic beverages, subject to the condition that the Conditional Use Permit shall expire and become null and void if the restaurant (Taqueria Toluca) closes (defined by not being operational i.e., serving customers) for a period of three (3) continuous months. SECTION 4: 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. 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 NOVEMBER AYES: NAYS: ABSTAINED: ABSENT: 2006 SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON. GLAB NONE NOT VOTING:NONE APPROVED THIS 6TH DAY OF ATTEST: CtCERK NOVEMBER /AYOR 2006 3 Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1, Sub -Lot 1 of Lot 2 and Sub -Lot 1 of Lot 3 in Block 13 of County Clerk's Plat of Block 13 and other blocks in the Original Plat of West McHenry, said Original Plat being a part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book 2 of Plats, page 39, in McHenry County, Illinois. ALSO The North 33 feet of John Street lying North of Lot 1 Block 13 described as follows, to -wit: That portion of John Street lying East of the West line of Sub Lot 1-3 and Northwesterly of the Southeasterly line of Lot 1 Block 13 of the County Clerk's Plat extended Northerly in the Original Plat of West McHenry, said original plat being part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book 2 of Plats, page 39, in McHenry County, Illinois. 4 Exhibit "B" SITE PLAN On File with the City Clerk argymSIONIIII'A2lN3H�Wa)'1 L —1 � � s# domo.L did3noviZ6 Dbl 1 T A < bill.%q �o �6"M IH ZirWil��mf �ym W 4H lye ��o go�3m' 1 _ -- . -- - - KID 1 e� .0M g a r w 0 0 EL 0 a cowii vm^�.� wc�n *evw re «aei [�uvomoivibGnov-L 8N3HOW'(L£'18)'1S1N0HJ 26 ` ua Q 1 r W II II II II II II II II II II II II II 0 H II Q Z II O � Q W II � II 0 w.8 W EL II Z 0 ° EL II � II II II II II II II II II II II II II II II II II a II II II II II U� 0. 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