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
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