HomeMy WebLinkAboutOrdinances - ORD-12-1586 - 05/07/2012 - CUP TO ALLOW DRIVE-THRU AT 3706 W ELM STORDINANCE NO. ORD- 12-1586
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW A DRIVE-THRU ESTABLISHMENT FOR THE PROPERTY LOCATED
AT 3706 W ELM STREET, 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 Ron Bykowski requesting a
Conditional Use Permit to allow a drive-thru establishment for the property located at 3706 W
Elm Street and legally described on Exhibit "A" attached hereto and incorporated herein
C'SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on April 19, 2012 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 PROPERTY is hereby granted a conditional use permit
to allow a drive-thru establishment in accordance with Exhibit B ("SITE PLAN") attached
hereto and incorporated herein, subject to the applicant providing appropriate signage and
striping to adequately direct customers through the site.
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:
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 enviromnental quality,
property values, or neighborhood character already existing in the area or
normally associated with permitted uses in the district.
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 7TH DAY OF MAY, 2012
AYES:
Santi, Glab, Blake, Wimmer, Peterson
NAYS:
Schaefer, Condon
ABSTAINED:
None
ABSENT:
None
NOT VOTING:
None
APPROVED THIS 7TH DAY OF MAY, 2012
MAYOR
ATTEST:
CIT C RK
Exhibit A
Legal Description of the SUBJECT PROPERTY
The property is legally described as follows:
Lot 21 in Block 3 in A.P. Freund's Millstream Park Addition Unit No 1, a subdivision of part
of the southwest quarter of Section 26, Township 45 North, Range 8 East of the third principal
meridian, according to the plat thereof recorded April 19, 1949, as Document No 219945 in
Book 10 of Plats, page 111, in McHenry County, Illinois.
Property Index Number of the subject property is 09-26-376-018.
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Exhibit B
Site Plan
SITE PIAN