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HomeMy WebLinkAboutOrdinances - ORD-06-1354 - 12/11/2006 - GRANT CUP ALCOHOLIC BEV W/RESTAURANT 1237 N GREENORDINANCE NO. pRD-06-1.54 AN ORDINANCE GRANTING A CONDITONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR FERNANDO'S MEXICAN GRILL LOCATED AT 1237 N. GREEN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Fernando Perez, of Fernando's Mexican Grill, requesting a Conditional Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant 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 November 16, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval (6-0) of the requested Conditional Use Permit; 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 Pen -nit to allow the sale of alcoholic beverages in conjunction with a restaurant for Fernando's Mexican Grill. 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. 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 1 1 TH DAY OF DECEMBER , 2006 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON. CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 11 TH DAY OF D EC EMB ER 2006 ATTEST: "I "r� C_- ' n I-- CIT CL K L 7 MXY- OR 2 EXHIBIT A The Southeasterly 202-feet of the Northeasterly 50-feet of Lot 5 in Block 23 in the Original Plat of McHenry, on the west side of Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof Recorded July 6, 1840 in Book "B" of Deeds, Page 160, in McHenry County, Illinois.