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Home My WebLink AboutOrdinances - ORD-09-1485 - 10/19/2009 - GRANT CUP OUTSIDE SEATING LIVE ENTERTAINMENT ANDORDINANCE NO. ORD-09-1485 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTSIDE SEATING, ENTERTAINMENT AND THE SERVICE OF ALCOHOL IN CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by BuddyZ Riverwalk Inc. requesting a Conditional Use Permit for outside seating, entertainment and the service of alcohol in conjunction with the operation of a restaurant for the property located at 1138 N Green 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 July 9, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested conditional use permit, and WHEREAS, the City Council has considered the evidence and recommendation 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 PROEPRTY is hereby granted a Conditional Use Permit for outside seating, entertainment and the service of alcohol in conjunction with a restaurant subject to the following conditions: Outside seating shall be gated -off from the general public and be only for persons within the restaurant, Outside seating shall be with tables and chairs not intended to be removed daily; No outside entertainment shall be permitted. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 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: 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; The proposed use will not be detrimental to the sa#ety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity; and 6. ]Fbe proposed use is in harmonv 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 eMct from and after its passage, approval, and publication in pamphlet rrm as provided by law. PASSED THIS 19th DAY OF October, 2009 AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson. Condon NAYS. None ABSTAINED- None ABSENT: None NOT VOTING: None APPROVED THIS 19th DAY OF October, 2009 MAYOR ATTEST: CII ERK 0 Exhibit A Legal Description Riverwalk Center LLC Parcel 1. Part of the southeast quarter of Section 26 and part of the northeast quarter of Section 35, township 45 north, range 8 east of the third principal meridian, described as follows: beginning at the intersection of the north nght-of--way line of Waukegan Road and the east night -of -way line of Green Street; thence north 00 degrees 35 minutes 19 seconds east along said east right-of-way line of Green Street, 156 56 feet; thence north 21 degrees 15 minutes 19 seconds east along said right-of-way line, 101.06 feet, thence north 82 degrees 59 minutes 25 seconds east 42.56 feet, thence south 57 degrees 23 minutes 18 seconds east, 46.95 feet; thence south 17 degrees 27 minutes 33 seconds east, 7.44 feet; thence south 64 degrees 48 minutes 54 seconds east, 15.77 feet; thence north 72 degrees 14 minutes 22 seconds east, 6.95 feet; thence south 72 degrees 40 minutes 18 seconds east, 25.29 feet to the east line of the property described in Document 834188; thence south 19 degrees 48 minutes 32 seconds west along said east line 25.66 feet to the southeast corner thereof; thence south 18 degrees 21 minutes 55 seconds west 64.87 feet to the south line of Lot 1 in Block 2 in Venice Park Addition to McHenry Unit No I according to the Plat thereof recorded February 25, 1941 as Document No 15920, in Book 7 of Plats, Page 68 to a point 44.43 feet (measure = 43.90 feet) east of the southwest corner of said Lot 1 (as measured along the south line); thence south 19 degrees 15 minutes 00 seconds west 30.00 feet to the south line of private lane (now vacated) as shown on said Venice Park Addition; thence south 70 degrees 45 minutes 00 seconds east along said south line of private lane (now vacated), 100.37 feet, thence south 19 degrees 15 minutes 00 seconds west, 134.23 feet to the north right-of-way line of said Waukegan Road; thence north 70 degrees 45 minutes 00 seconds west along said north right-of-way line 189.36 feet to the place of beginning, in McHenry County, Illinois Parcel 2: An exclusive perpetual easement of access to the slips along and across that part of real estate described and shown as 10-foot pedestrian access easement, for the benefit of Parcel 1, as set forth in the pier and boat slip access easement and assignment, recorded December 30, 2008 as Document 2008R0063234 over the following described land: That part of the northeast fractional quarter (lying on the west side of the Fox River) of Section 35, township 45 north, range 8, east of the third principal meridian, described as follows: commencing at the northwest corner of the northeast quarter of the northeast quarter of said Section 35, thence southerly along the west line of said northeast quarter of the northeast quarter, 143.88 feet to the southerly line of Waukegan Road (private lane) as shown on the Plat of Venice Park Addition to McHenry Unit No. 1, according to the plat thereof recorded February 25, 1941 as document no 152920; thence south 66 degrees 43 minutes 42 seconds east along said southerly line of Waukegan Road, 87.18 feet to the place of beginning; thence continuing south 66 degrees 43 minutes 42 seconds east along said southerly line 10.93 feet; thence south 00 degrees 32 minutes 30 seconds east 65.43 feet, thence south 41 degrees 10 minutes 09 seconds east, 41.02 feet; thence south 01 degree 03 minutes 38 seconds east, 219 62 feet; thence south 89 degrees 09 minutes 14 seconds east, 89.62 feet; thence south 00 degrees50 minutes 46 seconds west, 10.00 feet; thence north 89 degrees 09 minutes 14 seconds west, 99.29 feet; thence north 01 degree 03 minutes 38 seconds west 225.40 feet, thence north 41 degrees 10 minutes 09 seconds west 41.07 feet; thence, north 00 degrees 32 minutes 30 seconds west, 73.54 feet; to the place of beginning, in McHenry County, Illinois.