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HomeMy WebLinkAboutOrdinances - ORD-07-1396 - 10/15/2007 - GRANT CUP AND VARIANCE CARSTENS 3705 W ELM STORDINANCE NO. ORD-07-1396 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU IN CONJUNCTION WITH A COFFEE KIOSK AND VARIANCES TO ALLOW A SECOND PRINCIPAL BUILDING ON A ZONING LOT AND TO REDUCE THE NUMBER OF STACKING SPACES FROM TEN TO FOUR FOR THE PROPERTY LOCATED AT 3705 W. ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Josh Carsten, requesting a Conditional Use Permit to allow a drive-thru in conjunction with a coffee kiosk and Variances to allow a second principal building on a zoning lot and a reduction in the number of required stacking spaces from ten (10) to four (4) 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 September 20, 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 and Variances was 5-0, with two commissioners absent; and WHEREAS, the City Council has considered the evidence and recommendations from the Panning and -Zoning- Commission and finds t'iat the approval of the requested Conditional Use Pt rriit and Variances are 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 shall be granted a Conditional Use Permit to allow a drive-thru in conjunction with a coffee kisok provided the site is developed in substantial accordance with the plans attached hereto as Exhibit B and subject to the following conditions: I) Adequate pavement striping and signage shall be installed, subject to City staff approval, to direct traffic on the site and minimize potential conflicts. 2) If the coffee kiosk is closed (defined as not being operational i.e., serving customers) for a period of three (3) continuous months, the coffee kiosk shall be removed and the site shall be restored to its condition prior to the installation of the coffee kiosk. 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; 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 The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: That the SUBJECT PROPERTY shall be granted Variances to allow a second principal building on a zoning lot and to allow a reduction in the number of required stacking spaces from ten (10) to four (4). SECTION 4: In granting said Variances, 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 Variances are sought and that do not apnly 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 Variances are 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. 3. The special circumstances that are the basis for the Variances 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. Variances are 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 Variances are necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the Variances the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of Variances 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 Variances 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. 2 9. The Variances requested are the minimum required to provide the applicant with reasonable use and enjoyment of the 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. 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 15 T H DAY OF O C T O B E R 32007 AYES: SANTI, SCHAEFER, MURGATROYD, '111MMER, PETERSON, CONDON NAYS: G LA B ABSTAINED: NONE NONE ABSENT: NONE NOT VOTING: APPROVED THIS 15 T H ATTEST: CIT CL DAY OF OCTOBER 4�,YOR 2007 3 Exhibit A Legal Description of the SUBJECT PROPERTY LEGAL DESCRIPTION: PARCEL 1: PART OF THE SOUTH '/2 SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF TEE THIRD PRINCIPLE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF A CERTAIN TRACT OF LAND HERETOFORE CONVEYED BY LYDIA E. OWEN TO MATTIIIAS J. BAUER RECORDED IN THE RECORDER'S OFFICE OF MCIJENRY COUNTY, ILLINOIS, IN BOOK 165 OF DEEDS, PAGE 418; THENCE NORTH 73 DEGRE4ES 48 M]24 r S WEST ALONG THE SOUTHERLY LINE OF 1 ABOVE DESCRIBED CONVEYANCE FOR A DISTANCE OF 130.17 FEET TO THE SOUTHEAST CORNER OF A CERTAIN TRACT OF LAND CONVEYED BY MATTIAS BAUER. TO H.J. SCHOLLE RECORDED AS DOCUMENT 182597, IN BOOK 260 OF DEEDS, PAGE 553; THENCE NORTH ALONG THE EAST LINE OF SAID TRACT CONVEYED TO H J. SCHOLLE AND BEING ON A LINE FORNMgG AN ANGLE OF 81 DEGREES 31 MINUTES TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 132 FEET; THENCE NORTHERLY ALONG THE EAST LINE OF SAID H.J. SCHOLLE TRACT AND BEING ON A LINE FORMING AN ANGLE OF 16 DEGREES 44 MINUTES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 133.5 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY RIGHT OF WAS LINE OF STATE HIGHWAYS ROUTES 120 AND 31; THENCE NORTHBASTEW—Y ALONG I dE SOUT EASTERLY T D'q-E OF SAID HIGHWASY AND BEING ON A LINE FORMING AN ANGLE OF 88 DEGREES 44 MINUTES TO THE RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 171.35 FEET TO A POINT, SAID POINT BEING 65 FEET 4 :max h i � i � � 37D �1. �, �� •� EM:3= A� I J J Q I Z O a w J w I I I STANDARD SKID -STYLE KIOSK EXTERIOR PHOTOS DURING ASSEMBLY: The Kiosk building, roof assembly and awnings are carefully unloaded from the step -deck trailer. They arrive heat -wrapped to protect the powder -coat finish and insure the brand-new look for a long time after opening. Once the parts are on the ground and the Kiosk is carefully placed, the roof and awnings are permanently attached. The awnings are completed, the signs and gutters attached, the menu boards are mounted, The utilities are connected, and we are open for business. STANDARD SKID -STYLE KIOSK INTERIOR PHOTOS DURING CONSTRUCTION: j The flooring picture shows the Medintech surgical flooring being applied. It is a functionally seamless floor. The cabinetry is constructed of marine grade plywood and laminate. The stainless steel countertops have rolled backsplashes. Every aspect of construction takes into account that this is a water -based environment; durable, and easy to clean The stainless steel sinks and countertops are constructed to the absolute Certified NSF standards. Built right and functional, they are deep and large enough to submerge any equipment used in daily operation. Placement of equipment, supplies and storage are planned to the smallest detail. There is ample room for two during peak commuter times. These Kiosks are designed to be the best available. Occasionally recommendations from new locations are incorporated into the design STANDARD SKID -STYLE KIOSK INTERIOR PHOTOS DURING OPERATION: The commercial sinks and faucets are large and fully functional. The layout and functional utility of the unit is professional in every respect. The espresso machine, plumbed into the stainless steel countertops, the Swift grinder and Vita -Mix blenders are some of the best commercial appliances available. The large stainless refrigerator provides a counter -height work space and ample cold storage for the busiest of days. The equipment and design make the unit a comfortable and efficient work space to prepare the variety of beverages offered. A convenient POS system handles sales and inventory quickly and efficiently. These Kiosks are designed to be the best available.