HomeMy WebLinkAboutOrdinances - ORD-10-1515 - 11/11/2010 - AMENE 4E-03-1166 RE 4305 W ELM ST BURRITO CITYORDINANCE NO.ORD-10-1515
AN ORDINANCE AMENDING ORDINANCE NO ORD-03-1166 GRANTING A
CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT SERVING ALCOHOLIC
BEVERAGES AT 4305 WEST ELM STREET TO ALLOW THE ADDITION OF
LIMITED LIVE :INDOOR ENTERTAINMENT CONSISTING OF KARAOKE DURING
WEEKEND BUSINESS HOURS IN THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Burrito City y Mariscos Estilo
Nayarit, Inc., Maria Delgado President and Owner, requesting an amendment to Ordinance No
ORD-03-1166, which granted a Conditional Use Permit to allow a restaurant serving alcoholic
beverages, 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 June 20, 2002 in the manner prescribed by ordinance and statute; and
WHEREAS, the City Council considered the evidence and recommendations from the
Planning and Zoning Commission and approved the requested Conditional Use Permit at a
meeting held on August 18, 2003; and
WHEREAS, the applicant is petitioning to amend said approved Ordinance No ORD-03-
1166 to allow the addition of limited live indoor entertainment consisting of karaoke during
weekend business, hours.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Ordinance No ORD-03-1166 is hereby amended such that the
conditional use permit is expanded to allow limited live indoor entertainment consisting of
karaoke on the subject property during weekend business hours only.
SECTION 2. In granting said amendment to the Conditional Use Permit, the City
Council finds that the 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;
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 and approved this I Vh day of October, 2010
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson
Voting Nay: Glab
Abstained: None
Absent: Condon
Not Voting: None.
f MAYOR
ATTEST:
t
CI , CL RK
Ly
Exhibit "A7l
PARCEL Is
Lit 12 in A.H. Hanley's Out -Eats to :test McHenry, a Sutdtvisian of part of tna Northeast ouarter of t .Southeast Ouarter of Section
27, Township 45 Noct.Y, Range 9 East of the Third PcLnclpal Paridtan, A=Cding to the Plat thereof reeordad September 9, 1879, in Hook
i of 71ats, page 7, in McHenry CeNnkt. Illinois. ALSO Ito East:66.9 .feet .af the West 132.9 feet of thit part of Lots 11 and 12 of
A.H. itaniey's Out -Lou to Nest. )r;;knrf, being a Sub!ivisLon of pact of the tcrthesst Quarter of the Southeast Quarter of Section"I1,
:township iS North, Range 8 East of the Third 7cincipal meridian, acoarclrxp to the Plat thereof recorded September 9, 1M, in 8cck l of
data, page 7. Ln PLHenry Cosatyr'Illinois, also part of the West Hal! of ttk West 3 chains 37 links of the Northeast ouarter of the
5eutseast Quarter of Section 27, Ttw+nship a..d P-vn;e aforesaid, lyin; suutherly of the center of old Woodstock and McHenry Ru d and
Northerly of the Earth Bank of the Creek (excepting therefrom said Lats Il and 12 in A.H. Hanley's =-Lots to hest lcHenry), moos
particularly described as folio-s' BeginnLsg.at the point of intersection of the West line of the Northeast ouartec of the Southeast
,Lartc;'of said Section 27 and the'centectine of Old ik6fttcck and mclienry Woad. said point of intersection also being the Northwest '
corner of said Lot 12 of A.A. Hanley's Ou[-tats to Wast W-Renryf thence southeasterly slay the said centerline of Old Hoed:t=k and
P4:t{anry pond foe a distance of 181.13 feet to a point on the Fast'L!xw of said Welt Half of the West 3 chains 37 links (excepting
"herefr m said Lots 11 and 12 in A.E. Henley's Out-:nts to West Mrfienrl) thenc4 Southerly alorq the lost described East ltne for a
distance of 66.94 feet to the point of intersection with,a curved ling drawn concentric with and 42.9 feet radially distant
Southesterly of the centerlLne of •PA Tbuta 21 (L12inois )cute. 179) t ttierce Northwestarly alay the last• described concentric line,
being a curve to the left having; a radius of 2176.1. feet; fat an -are l6rth of 95.1E feet; thence Northeasterly along a line drawn
radial to the centerline of said FA Ibute 21-(Illinois ibute 1Zg)'foc a distance of 19.4 feet to the point of intersection with the
existing tight-cf-,way line'U FA Rx+te '.I. (Illinois Fouts 12911;thern-e'Nocthwesterly along the existing right-of-way line of FA Route
2i (L1]iralis pouts 120) sold right-of-way line being a curve to the lest having a radius of 2188.1 feet for an arc length of 96.98 feet
to a point on the West line'of-raid lot 12; thence tbcthecly along the West line of said Lot L' for a distance of 35.18 feet to the,
point of.beglnning. in Mcfteary County,. Iluinbls. A= The West Half of the following described premises: That part of the Northeast
Quarter of the Southeast Quarter of Section 27, which lies South of the centerLI_-w.o! the highway running from PicBenry to Woodstock ed
West of a line which is 3 chains and •37 links Eaot'of the West 1•ine of said Northeast Quarter of the Southeast Obacter (except
checefcon too 1l and. 12 of A.H. Hanlr's out-Lata to West McHenry, according to the Plat thereof recorded September 9, 1879, in Hoak L
of Deeds, page 7 and also exoepttng*thereftom that part thereof which lies South of the North bank of the creek) in 'ibwnship 45 North,
"a a msc %I the Third Pcinclpal HacidLan, in Mefknry County, Illinois.
PARCEL 2:
That part of the Northeast Quarter of the Southeast Quarter of Section 27,
Tovnship 45 North, Range 8 East of the Third Principal Heridian,more
particularly described as follows:
Beginning at the Southwest corner of Lot 12 in A.H. Hanley's-Out-Lots
to West McHenzy, according to the Plat thereof recorded September 9, 1879,
in Book 1 of PLats,Page 7;'
Thence Easterly along the South Line of Lots 12 and 11 in said A.H. Hanleyat
Out -Lots to West McHenry, a distance of 132.0 feet to the Southeast corner,
of Lot 11;
Thence southerly along the Easterly line extended South of said Lot 11,
a distance of 40.5 feet more or less to the p-int on the North Bank of the
Creek;
Thence Northwesterly along said North Hank of the Creek to the point of
intersection with the Westerly line extended 5cuth of said Lot 12;
Thence Northerly along said Westerly line 'extended South of said Lot 12
to the point of beginning, all in McHeary.County, Illinois.
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