HomeMy WebLinkAboutOrdinances - ORD-07-1364 - 03/12/2007 - GRANT CUP OUTDOOR SEATING 2314 W ROUTE 120 KHAYATORDINANCE NO. ORD-07-1364
AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR OUTDOOR SEATING
IN CONJUNCTION WITH A RESTAURANT AT 2314 WEST ROUTE 120
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Christian Khayat requesting a Conditional
Use Permit 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 February 15, 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 Conditional Use Permit was (5-0) with two members absent;
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 is granted a Conditional Use Permit to allow
outdoor seating in conjunction with a restaurant, in accordance with the site plan prepared by the
applicant, attached hereto as Exhibit B.
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
1
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 11 2TH DAY OF MARCH , 2007
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
SANTI SCHAEFER, MURGATROYD, WIMMER
GLAB, CONDON
NONE
PETERSON
NONE
APPROVED THIS 12TH DAY OF
ATTEST:
CITYCLEkK
MARCH 2007
MAYOR
FA
EXHIBIT A
Legal Description of the Subject Property
The East 150 feet of the following described tract of land located in the southeast quarter of Section 25
and the northeast quarter of Section 36, all in Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: commencing at the Southwest corner of Lot 44 in Block 7 in Eastwood
Manor, unit N.2, according to the plat thereof recorded August 17, 1956 as Document no 311472 in .Book
12 of plats, page 82, thence south along the east line of Hillside Lane, 350 feet to the center line of State
Route 120; thence east along the center of said highway, 900 feet; thence north parallel with the east line
of Hillside Lane, 350 feet to the south line of Block 7; thence west along the south line of said Block 7
900 feet to the place of beginning (except any parts taken for highway) in McHenry County, Illinois.
ID
D PF'
5