HomeMy WebLinkAboutOrdinances - ORD-12-1583 - 04/16/2012 - EXPAND CUP AUTHORIZED BY 0-96-763 AND EXPANDED BYORDINANCE NO. ORD-12-1583
AN ORDINANCE EXPANDING EXISTING CONDITIONAL USE PERMIT
AUTHORIZED BY 0-96-763 AND SUBSEQUENTLY EXPANDED BY 0-97-838 TO
ALLOW THE SERVICE OF ALCOHOL IN CONTUNCTION WITH A
RESTAURANT FOR THE PROPERTY LOCATED AT 3102 W ILLINOIS ROUTE
120 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 James Archos, requesting an
expansion to an existing Conditional Use Permit to allow the service of alcohol in conjunction
with a restaurant for the property legally described on attached Exhibit A, attached hereto and
incorporated herein ("the Subject Property"); and
WHEREAS, the matter was brought before and considered by the City Council on
April 16, 2012 in the manner prescribed by Ordinance, and as a result of said consideration,
the City Council did recommend granting the requested expansion of the existing Conditional
Use Permit without sending the matter to the Planning and Zoning Commission; and
WHEREAS, the City Council has considered the evidence and recommendation and
finds the approval of the requested expansion of the 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 Property shall be granted an expansion to the existing
Conditional Use Permit, approved by Ordinances 0-96-763 and subsequently expanded by 0-
97-838, to allow the service of alcohol in conjunction with a restaurant with a condition
prohibiting the service of alcoholic beverages to any customers utilizing the drive-thru
establishment in a motor vehicle or otherwise.
SECTION 2: In granting said expansion 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;
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 sball be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED THIS 16 TH DAY OF APRIL, 2012
AYES:
Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS:
None
ABSTAINED:
None
ABSENT:
None
NOT VOTING:
None
APPROVED THIS 16t' DAY OF APRIL, 2012
MAYOR
ATTEST:
d ci
C RK
EXHIBIT A
Legal Description of subject property
PARCEL 1: Lot 11 (except that part thereof described as follows: Beginning at the
Northeast comer of said Lot I I and running thence West along the North line of said
Lot, 66 feet to the Northwest comer thereof, thence south along the West line of said Lot
30 feet; thence Southeasterly in a straight line 69.8 feet to a point of intersection with
the East line of said Lot 11, said point being 54 feet South of the place of beginning;
thence North along said East line, 54 feet to the place of beginning), in Block 7 in the
Original Plat of the Village (now City) of McHenry, East side of Fox River, a
Subdivision of part of the Southeast Quarterof Section 26, Township 45 North, Range
8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6,
1840 in Book B of Deeds, page 160, in McHenry County, Illinois. PIN#0926481010
PARCEL 2: Lot 1.2 (except the North 57 feet thereof) in Block 7 mi the Original Plat of
the Village (now City) of McHenry, East side of Fox River, a Subdivision of part of the
Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of
Deeds, page 160, in McHenry County, Illinois. PIN# 09 26 481011
PARCEL 3: The North 57 feet of Lot 12, Block 7, original plat of McHenry on the East
side of Fox River, the plat thereof recorded in Book B of Deeds, page 161, also that part
of Lot 11 of said Block 7, described as follows: Beginning at the Northeast corner of
said Lot 11, Block 7; thence West along the North line of said lot, 66 feet to the
Northwest comer thereof, thence South along the West line of said lot, 30 feet; thence
Southeasterly in a straight line 69.8 feet to a point of intersection with the East line of
said Lot 11, said point being 54 feet South of the place of beginning; thence North along
said East line 54 feet to the place of beginning. The above described subdivision being
situated in the Southeast 1/4 of Section 26, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois. PIN# 09 26 481 009
PARCEL 4: Lot 10 in Block 7 in the Original Plat of the Village (now City) of
McHenry, East side of the Fox River, a Subdivision of the Southeast Quarter of Section
26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the
Plat thereof recorded July 6, 1840 in Book "B" of Deeds, page 160, hi McHenry
County, Illinois. PIN# 09 26 481008
Commonly known as: 3102 W. Rt. 120, McHenry, IL 60050