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HomeMy WebLinkAboutOrdinances - ORD-11-1535 - 04/18/2011 - GRANT CUP 414 S ROUTE 31 BRUNCH CAFEORDINANCE NO. ORD-11-1535 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE ALCOHOL IN CONJUNCTION WITH A RESTAURANT FOR THE PROPERTY LOCATED AT 414 S ILLINOIS ROUTE 31, 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 Brunch Cafe, 414 S Illinois Route 31, requesting a Conditional Use Permit to serve alcohol in conjunction with a restaurant, for the property located at 414 S Illinois Route 31 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 March 3, 2011, 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 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 PROEPRTY is hereby granted a Conditional Use Permit to allow the service of alcohol in conjunction with a restaurant with the condition if the restaurant becomes vacant or closes for six consecutive months, the Conditional Use Permit shall be revoked. 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: 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 18TH DAY OF APRIL , 2011 AYES: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 18TH DAY OF APRIL 52011 MAYOR ATTEST: X,f.,r ". CITY CLERIC Exhibit A Legal Description of the SUBJECT PROPERTY Part of the west half of Lot 1, in the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: commencing on the south line of said Northwest Quarter at a point 1322.6 feet east from the Southwest corner thereof, said point being on the East line of the West half of said Lot 1; thence North on the last described line, 468.5 feet to a point for a place beginning; thence West parallel with the South line of said Northwest Quarter, 439.24 feet to a point on the Easterly boundary line of the State Highway known as U.S. Route 31 (formerly U.S. Route 12); thence Northerly along the Easterly boundary of said highway, being on a curved line to the left (radius equal to 3859.83 feet) for a distance of 99.11 feet; thence East parallel with the South line of said Northwest Quarter a distance of 440.06 feet, more or less to a point on the East line of the West half of Lot 1 aforesaid; thence South on the last described line, 99.11 feet to the place of beginning, in McHenry County, Illinois.