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HomeMy WebLinkAboutOrdinances - ORD-07-1386 - 07/30/2007 - GRANT CUP 3918 W MAIN ST NATHAN RYAN CAFE AEONORDINANCE NO. ORD-07-1386 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR CAFE AEON LOCATED AT 3918 W. MAIN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Nathan Ryan of Cafe Aeon, 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 July 5, 2007, 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 Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for Cafe Aeon subject to the condition that the Conditional Use Permit shall expire and become null and void if the restaurant (Cafe Aeon) closes (defined by not being operational i.e., serving customers) for a period of three (3) continuous months. 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 30 T H DAY OF J U LY , 2007 AYES: NAYS: ABSTAINED: ABSENT: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON NONE NONE CONDON NOT VOTING: NONE APPROVED THIS 3 0 T H DAY OF ATTEST: n CIT C RK JULY AYOR 2007 2 EXHIBIT A Legal Description of Subject Property Parcel 1: The East Half of Lot 17 as measured along the Northerly line thereof in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, 45 North Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 22, in McHenry County, Illinois. Parcel 2: An Easement of ingress and egress over the Easterly 3.5 feet of the Westerly 33.0 feet of Lot 17 as contained in Deed recorded July 30, 1982 as Document No. 838982.