HomeMy WebLinkAboutOrdinances - ORD-10-1513 - 09/20/2010 - GRANT CUP 305 N FRONT TOMMY'SORDINANCE NO. ORD-10-1513
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIANCES FOR THE PROPERTY LOCATED AT 305 N FRONT STREET,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ] LLINOIS
WHEREAS, a petition has been filed with the City requesting a Conditional Use
Permit for a drive-thru establishment and Variances, 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 August 19, 2010, 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 Variances; 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 Variances 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 to allow a drive-in establishment and mini warehouse facility in accordance with the
attached site and landscape plans and building elevations, collectively (the "SITE PLAN')
attached hereto and incorporated herein as Exhibit B.
SECTION 2: That the SUBJECT PROEPRTY is hereby granted variances for lot
width along an arterial street and to allow multiple buildings (six) on a zoning lot in
accordance with the attached SITE PLAN.
SECTION 3: 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.
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;
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 4: In granting said Variances, the City Council finds that the requirements
of Table 32 of the Zoning Ordinance have been met in that:
I. 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.
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.
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.
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.
Passes and approved this 20'h day of September, 2010.
AYES: SANTI, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON
NAYS
ABSTAINED: NONE
ABSENT: NONE
NONE
NOT VOTING:
MAYOR
ATTEST:
CITY CL RK
Exhibit A
Legal Description
The north 195.50 feet (as measured on the east line thereof) of the southwest quarter of the southwest
quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, lying west of
westerly line of Illinois State Highway No. 31, in McHenry County Illinois
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