HomeMy WebLinkAboutOrdinances - ORD-12-1588 - 05/14/2012 - CUP TO ALLOW SVC OF ALCOHOL WITH A RESTAURANT AT 4ORDINANCE NO. ORD-12-1588
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
SERVICE OF ALCOHOL IN CONJUNCTION WITH A RESTAURANT FOR THE
PROPERTY LOCATED AT 4113 W SHAMROCK LANE 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 Shannon Delgado ("Touch of
Italy Restaurant"), requesting a Conditional Use Permit to allow the service of alcohol in
conjunction with a restaurant for the property located at 4113 W Shamrock Lane and legally
described on attached Exhibit A, attached hereto and incorporated herein C'the Subject
Property"); and
WHEREAS, the matter was considered by the Planning and Zoning Commission at a
public hearing held on April 26, 2012 and as a result of said consideration, the Planning and
Zoning Commission recommended approval of the requested Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendation of the
Planning and Zoning Commission and finds 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 be granted a Conditional Use Permit to allow
the service of alcohol in conjunction with a restaurant.
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;
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 14TH DAY OF MAY, 2012
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS l4t' DAY OF MAY, 2012
L 2
/- MAYOR
ATTEST:
CIT' f CJK
EXHIBIT A
Legal Description of subject property
The property is legally described as:
Parcel 1:
Lot 3 of Liberty Square, a resubdivision of Lots 5, 6 and 7 of Thomas J Rupp Resubdivision
of Lot 2, Parcel B, J.13 and Clara Subdivision in Sections 2 and 3 of Township 44 North,
Range 8 East, of the third principal meridian, according to the plat thereof recorded January
28, 2002 and known as Document No 2992ROO56747 in McHenry County, Illinois; and
Parcel 2:
Non -Exclusive perpetual easement for the benefit of Parcel I for ingress, egress, cross -access
and parking as created by Liberty Square Declaration of Covenants, conditions and
restrictions recorded February 9 2004 as Document No 2004ROO10286.
PIN: 14-03-476-010