HomeMy WebLinkAboutOrdinances - ORD-07-1398 - 11/05/2007 - GRANT CUP AND VARIANCES DEANO VASS NORTHGATE WESTORDINANCE NO.ORD-07- 1398
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU
IN CONJUNCTION WITH A RESATAURANT/COFFEE SHOP AND A VARIANCE TO REDUCE
THE AMOUNT OF FOUNDATION BASE LANDSCAPING ALONG THE FRONT
FACADE FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
RICHMOND ROAD (IL ROUTE 31) AND DIAMOND DRIVE,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Deano Vass, requesting a Conditional Use
Permit to allow a drive-thru in conjunction with a restaurant/coffee shop and a Variance to reduce the
amount of foundation base landscaping along the front fagade 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 October 18, 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 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 Conditional Use Permit and 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 shall be granted a Conditional Use Permit to allow a
drive-thru in conjunction with a restaurant/coffee shop, provided the site is developed in substantial
accordance with the site plan 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
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 a Variance to reduce the amount of
foundation base landscaping along the front building facade, provided that landscaping shall be installed in
accordance with the landscape plan attached hereto as "Exhibit C".
SECTION 4: In granting said Variance, 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 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;
2. 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;
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;
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. 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;
6. 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 the Variance the applicant will be
deprived of any reasonable use or enjoyment of the property;
7. The granting of a 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;
8. The granting of a 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; and
9. The Variance 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 5"' DAY OF November_, 2007
AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon_
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 5"' DAY OF November, 2007
ATTEST:
_ C
CITY LE 0
Exhibit A
Legal Description of the SUBJECT PROPERTY
Lot 21 in North Gate Development West, a Subdivision of part of the Southeast Quarter of the Northwest
Quarter of Section 23, Township 45 North, Range 8 East of the Third Principal Meridian, according to the
Plat thereof recorded December 10, 2002 as Document No. 2002R0I 16571, in McHenry County, Illinois.
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