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Home My WebLink AboutOrdinances - ORD-07-1399 - 11/19/2007 - GRANT CUP COFFEE KIOSK 3706 W ELM ST GIBBARDORDINANCE NO.ORD-07-1399 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU IN CONJUNCTION WITH A COFFEE KIOSK AND A VARIANCE TO REDUCE THE NUMBER OF STACKING SPACES FROM TEN TO NINE FOR THE PROPERTY LOCATED AT 3706 W. ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Boone Lagoon Enterprise LLC (Michael & Mary Gibbard) requesting a Conditional Use Permit to allow a drive-thru in conjunction with a coffee kiosk and a Variance to allow a reduction in the number of required stacking spaces from ten (10) to nine (9) 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 November 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 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 coffee kisok provided the site is developed in substantial accordance with the plans attached hereto as Exhibit B and subject to the condition that adequate pavement striping and signage shall be installed, su ject to City staff approval, to direct traffic on the site and minimize potential conflicts. 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: That the SUBJECT PROPERTY shall be granted a Variance to allow a reduction in the number of required stacking spaces from ten (10) to nine (9). 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; 3. 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; 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 Variances 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; 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 is 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. 2 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 19"' DAY OF November, 2007 AYES: Santi, Glab, Wimmer, Peterson_ NAYS: Condon. ABSTAINED: None ABSENT: Schaefer, Murgatroyd NOT VOTING: None APPROVED THIS 19t' DAY OF November, 2007 ATTEST: CITY C z �47- MAYOR Exhibit A Legal Description of the SUBJECT PROPERTY Lot 21 in Block 3 in A.P. Freund's Millstream Park Addition Unit No. 1, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded April 19, 1949, as Document No. 219945 in Book 10 of Plats, page 111, in McHenry County, Illinois 4 F x), ,.' lj '+- 0 Narrative Description of Proposal Organized as Boone Lagoon Enterprises LLC, Michael and Mary Gibbard are submitting this Conditional Use Permit Application to seek approval to construct and operate a drive-thru coffee business on the property commonly designated as 3706 W. Elm Street, McHenry, IL. The main building on this property was completely destroyed by fire in October, 2006. The dimensions of the vacant portion of the lot are perfectly suited to this proposed use. Boone Lagoon Enterprises has licensed the name and operating methodology of Bear Creek Coffee, and will be operating under this name. Bear Creek Coffee will offer commuters a fast, friendly and convenient way to get their morning coffee or other beverage while minimizing their wait. The Bear Creek drive-thru structure is attractive and will improve the appearance of the area. The Gibbards intend to partner with community organizations, such as Little League, youth soccer, or Big Brothers, Big Sisters, in order to encourage customer loyally through fundraising promotions. Bear Creek will distinguish itself from other mass -market coffee shops by maintaining friendly service with a local tie. N Z m iD 'W mzp m I - Z ' o I � � Z G 0 0 0� ((D CJ W LLoUQ �cn Q U! o Ol /! � Mal t