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HomeMy WebLinkAboutOrdinances - ORD-11-1537 - 05/15/2011 - GRANT CUP AND VARIANCES MCDONALDS 1904 N RICHMONDORDINANCE NO.ORD-11-1537 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PROPERTY LOCATED AT 1904 N RICHMOND ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rile 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 rile powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by McDonald's USA, LLC requesting a Conditional Use Permit for a drive-in facility and Variances from the zoning ordinance for landscaping, parking and lot width for the property located at 1904 N Richmond Road 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 April 14, 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 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 in conjunction with a restaurant in accordance with the site plan and landscape plan prepared by Watermark Engineering Resources Ltd, dated 3/21/2011 and building elevations prepared by Lingle Design Group, Inc, dated 3/8/2010, consisting of two separate elevation plans ("SITE PLAN") attached hereto and incorporated herein as Exhibit B and subject to the conditional use permit being revoked and becoming null and void if the use is not established, or a required building permit is not obtained and construction started within one year of the date of approval by Council, or it the use ceases operation for more than one year; SECTION 2: That the SUBJECT PROEPRTY is hereby granted a Variance to allow a reduction to 28 spaces from the required 35 off-street parking space requirement, subject to the condition that the site is designed in accordance with the site plan prepared by Watermark Engineering dated 3/21 /2011; SECTION 3: That the SUBJECT PROEPRTY is hereby granted a Variance to allow a minimum lot width of 158' along an arterial roadway. SECTION 4: That the SUBJECT PROEPRTY is hereby granted a Variance from landscape requirements regarding parking screening strips to allow a minimum landscape strip width of 3.6 feet along the southern and western property lines and a reduction to zero feet of foundation base landscaping along the eastern side of the building with the condition the site is designed in accordance with the landscape plan prepared by Watermark Engineering Resources Inc, dated 3/21/201 l; subject to the condition that the property owner provide the City with an easement to ensure access to the retaining wall on the south property line. SECTION 5: 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; 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 6: In granting said Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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 parry 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 7; All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 16'h DAY OF MAY, 2011. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Abstaining: None. Absent: None. Not Voting: None. Co MAYOR ATTEST: CIT CL C Exhibit A Legal Description of Subject Property LOT B IN MCHENRY COMMONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN THE MCHENRY COUNTY RECORDER'S OFFICE ON SEPTEMBER 29, 1987 AS DOCUMENT NO. 87R004057, BEING A RESUBDIVISION OF "RIVERSIDE TERRACE PHASE I", BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED IN THE MCHENRY COUNTY RECORDER'S OFFICE ON MARCH 13, 1991, AS DOCUMENT NO. 812707 AND CORRECTED BY A CERTIFICATE OF CORRECTION THEREOF RECORDED IN THE MCHENRY COUNTY RECORDER'S OFFICE ON MARCH 31, 1981 AS DOCUMENT NO. 813727, ALL IN MCHENRY COUNTY, ILLINOIS EXCEPTING FROM THE ABOVE DESCRIBED LAND THE LAND CONVEYED TO CITY OF MCHENRY BY DEED RECORDED JUNE 6, 2003 AS DOCUMENT 2003R0074398, DESCRIBED AS FOLLOWS: A PART OF LOT B IN MCHENRY COMMONS SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN THE MCHENRY COUNTY RECORDER'S OFFICE ON SEPTEMBER 29, 1987 AS DOCUMENT NO. 87R004057, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT B; THENCE SOUTH 89 DEGREES 58 MINUTES 19 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT B, A DISTANCE OF 6.84 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 01 SECONDS WEST, A DISTANCE OF 180.71 FEET; THENCE SOUTH 34 DEGREES 15 MINUTES 04 SECONDS EAST, A DISTANCE OF 41.23 FEET; THENCE EASTERLY 93.73 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 498.45 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 82 DEGREES 04 MINUTES 43 SECONDS EAST, A CHORD DISTANCE OF 93.60 FEET; THENCE SOUTH 00 DEGREES 46 MINUTES 46 SECONDS EAST, A DISTANCE OF 1.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT B; THENCE SOUTH 89 DEGREES 13 MINUTES 14 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT B, A DISTANCE OF 97.27 FEET; THENCE NORTHWESTERLY 39.62 FEET ALONG THE SOUTH LINE OF SAID LOT B ON A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET. 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