HomeMy WebLinkAboutOrdinances - ORD-09-1475 - 06/29/2009 - GRANT CUP ALCOHOLIC BEVERAGES 3425 PEARL STREET GRORDINANCE NO. ORD-09-1475
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A RESTAURANT FOR THE
PROPERTY LOCATED AT 3425 PEARL STREET
INTHE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by George Schmidt requesting a Conditional
Use Permit to allow the sale of alcoholic beverages in conjunction with a restaurant for the property
located at 3425 Pearl Street and 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 June 18, 2009, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously
recommended approval (7-0) 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.
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 297H DAY OF JUNE , 2009
' �► '11� a '1 1 uu • ' l► 1►11
NAYS: NONE
ABSTAINED: NONE
ABSENT:
SCFIAEFER
NOT VOTING: NONE
APPROVED THIS 29TH DAY OF JUNE , 2009
ATTEST:
CITY L C
I
MAYOR
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Exhibit A
Legal Description of Property
3425 Pearl Street
The westerly 50 feet of Lots 2 and 3 in Block 21 in the original plat of McHenry, on the west side of the
Fox River, a Subdivision of part of the southeast quarter of Section 26, Township 45 North, Range 8 east
of the third principal meridian, according to the plat thereof recorded July 6, 1840 in Book B of Deeds,
page 160, in McHenry County, Illinois.