HomeMy WebLinkAboutOrdinances - ORD-07-1360 - 03/12/2007 - GRANT USE VARIANCE; SIDEYARD SETBACK OUTDOOR SEATIORDINANCE NO. ORD-07-1360
AN ORDINANCE GRANTING A USE VARIANCE AND
A SIDE YARD SETBACK VARIANCE TO ALLOW OUTDOOR SEATING
IN CONJUNCTION WITH A RESTAURANT AT 1501 S. ROUTE 31
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Louis Lambros on behalf of Dunhills Steak
and Chop House requesting a Use Variance and a Side Yard Setback Variance to allow outdoor seating 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 March 1, 2007, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Use Variance and Side Yard Setback Variance was (7-0); 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 Use Variance and, Side
Yard Setback Variance 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 is granted a Use Variance to allow outdoor seating
in conjunction with a restaurant, in substantial accordance with the site plan attached hereto as Exhibit B.
SECTION 2: In granting said Use Variance, the City Council finds that requirements of Table
32(A) of the Zoning Ordinance have been met in that:
a) The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structures, or the use of the land, would result in unnecessary and undue hardship
upon the applicant, as distinguished from a mere inconvenience.
b) The property cannot yield a reasonable return if permitted to be used only under the conditions
allowed by the regulations of the Zoning Ordinance for the applicable zoning district without the
Use Variance.
c) Special circumstances exist that are peculiar to the property for which the Use Variance is sought
and that do not apply generally to other properties in the same zoning district.
d) The granting of the Use 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.
e) The granting of the Use 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.
SECTION 3: That the SUBJECT PROPERTY is granted a Side Yard Setback Variance from 15
feet to 10 feet to allow outdoor seating in conjunction with a restaurant, in substantial accordance with the
site plan attached hereto as Exhibit B.
SECTION 4: In granting said Variance, the City Council finds that requirements of Table 32 of
the Zoning Ordinance have been met in that:
a) Special Circumstances Not Found Elsewhere. 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.
b) Circumstances Relate to Property Only. 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.
c) Not Resulting from Applicant Action. 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.
d) Unnecessary Hardship. 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.
e) Preserves Rights Conferred by District. 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.
f) Necessary for Use of Property. 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 a
variance the applicant will be deprived of any reasonable use or enjoyment of the property.
g) Not Alter Local Character. The granting of the variance will not alter the local character nor
substantially impair environmental quality, property values, or public safety or welfare in the
vicinity.
h) Consistent With Ordinance and Plan. The granting of a variance will be in harmony with the
general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as
viewed inn light of any changed conditions since their adoption.
i) Minimum Variance Recommended. The variance recommended by the Planning and Zoning
Board and approved by the City Council is the minimum required to provide the applicant with
reasonable use and enjoyment of his property.
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.
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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 12TH DAY OF MARCH , 2007
AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, CONDON.
NAYS: G LAB
ABSTAINED: NONE
ABSENT: PETERSON
NOT VOTING: NONE
APPROVED THIS 12TH DAY OF MARCH , 2007
ATTEST:
CITY LE
I
P � _
MAYOR
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F.xururr e
Legal Description of the Subject Property
Lot 2 in the Resubdivision of Lot 1, McHenry Corporate Center Unit No. 8, recorded November 21,
1997, as Document No. 1997R057772, said Resubdivision being a part of the Norhteast Quarter of
Section 10, Township 44 North, Range 8 East of the Third Principal Meridian according to the; plat
thereor recorded April 23, 2002 as Document No. 2002R0036827 in McHenry County, Illinois.
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