HomeMy WebLinkAboutOrdinances - ORD-12-1595 - 08/06/2012 - CUP FOR O/D SEATING AND VARIANCE FROM OFF-STREET PORDINANCE NO. ORD-12-1595
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTDOOR
SEATING AND VARIANCE FROM THE OFF-STREET PARKING
REQUIREMENTS FOR THE PROPERTY LOCATED AT 4512 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 The Village Squire of McHenry
requesting a Variance from the off-street parking requirements for an eat in no drive in
restaurant and a Conditional Use Permit to allow outdoor seating for the property located at
4512 W Elm Street 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 July 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 Pen -nit and Variance; 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 Variance 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 outdoor seating in conjunction with a restaurant, in substantial accordance
with the site plan and design of the outdoor seating area ("SITE PLAN") attached hereto and
incorporated herein as Exhibit B, and subject to the following conditions:
1 . The outdoor seating area shall not eliminate more than three parking spaces;
2. There shall be no general public access to the outdoor dining area to/from the
parking lot;
3. The design shall be in substantial conformance with the specifications submitted;
4. Any future enclosure of the space is required to meet all building and zoning
codes;
5. Additional directional signage for parking is provided; and
6. Bollards be considered at the southwest and northwest comers of the seating area.
SECTION 2: That the SUBJECT PROPERTY is hereby granted a Variance to allow
a reduction to 84 spaces from the required 117 off-street parking space requirement.
SECTION 3: 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 envirom-nental 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;
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 4: In granting said Variance, 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 party 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.
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 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: 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 6th DAY OF AUGUST, 2012
AYES: SANTI, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON
NAYS: GLAB
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 6" DAY OF AUGUST, 2012
MAYOR
ATTEST:
CITY
Exhibit A
Legal Description of the SUBJECT PROPERTY
�o
PARCEU �,Ihat, part �Or the South Half of Section 27. Tpwnship 45.North. P. ange I
C-asv.cQthcj hir&PrincipalMcridiari, bounded and described as follows: Commeticing at
s6xi6�sc�corn�r orlot 22, in Block L in Unit No. I of Lakeland Shores, according
to tbe.24at"i there of rccoi�`ded'July 19, 1957 as Document No. 3,75703, in Book 13 of.Plats,
page�A!1,4.oc the: r inning- Northeasterly ilbng.thc Easterly line of L * ot 27,
place o begi thencz
a� distancc.-�oU 150.0146tv to the Northeast corner of said Lot A- thence Soutliciasterly,
cc of 200.0
t the: artherly. right of way line of Illinois State Route 120, a distan
A orthwest,corner of Lot 21, in Bloek 1, Unit.N6. 2 of Lakeland Shores,.
a in '�.to the: Plat thereof recorded November 21, 1957 as Document No. 331763, in
k-11ofTlats, page 46, as amdrided by6ortificate recorded May 25,1961 as Document
No-386168; thence Southwesterly along the Westerly li i ne of said Lot 21. a distance or
150.W feculo. the Northerly right of way line. of Illinois State Route 120; thence
Northwesterly along said tight of way line, a distance of 200.0 feet to the place Of
I in McHenry County, Illinois. ALSO
ng.
PARCEL1. Lot 21 in Block 1. in Lakeland Shores Unit No. 2, being a Subdivision of Lot
Widukeland Shores Unit No. 1, being a Subdivision of part of Section 27, Township
45: North, Range 8 East of the Third Principal Meridian, according to thb Plat thereof
recorded November 21, 1957 as Document No. 331763,'in Book 13 of Plats, page 46. as
amended by Certificate recorded May 25, 1961 as Document No. 386168, in' McHenry
County.111inois.
comKox#,AmFms: 4512 West Route 120, MaHearY, Illinois
F!EFQUQUMZ�1NDKX NUMBER:. 09-27-330-020 and 09-27-404-007
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EXHIBIT B
"SITE PLAN"
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