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Home My WebLink AboutOrdinances - ORD-14-1666 - 04/07/2014 - CUP INSIDE ENTERTAINMENT 1700 N RICHMOND RDCommunity and Economic Development Department 333 S Green Street Second Floor-McHenry Municipal Center Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO ORD-14-1666 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW INSIDE ENTERTAINMENT IN CONJUNCTION WITH A RESTAURANT FOR THE PROPERTY LOCATED AT 1700 N RICHMOND ROAD 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 RMH Franchise requesting a Conditional Use Permit to allow live inside entertainment, such as a dee jay, trivia and karaoke, in conjunction with the operation of a restaurant (Applebee's Neighborhood Grill and Bar) on the property 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 March 20, 2014 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 live inside entertainment, such as a dee jay, trivia and karaoke, in conjunction with the operation of a restaurant (Applebee's Neighborhood Grill and Bar) for the property located at 1700 N. Richmond Road with the condition the live entertainment is restricted solely to inside the building housing the restaurant. I Community and Economic Development Department 333 S Green Street Community and -^- • Second Floor-McHenry Municipal CenterCommunity and -S3. • iecona noor-Mci-ienry Municipal tenter t: • T\ * I McHenry, Illinois 60050Economic Development | Phone: (815) 363-2170Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us 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; 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; 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. \^ Community and Economic Development Department CityofMcHenry ^^JT*^^ 333 S Green Street Community and -S3- • Second Floor-McHenry Municipal Center i- • rv i ^^~ • McHenry, Illinois 60050Economic Development | Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us PASSED THIS 7TH DAY OF APRIL, 2014 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 7TH DAY OF APRIL, 2014 MAYO1AYOR ATTEST: I CityofMcHenry Community and Economic Development Community and Economic Development Department 333 S Green Street Second Floor-McHenry Municipal Center McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815)363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property LOT a IV HeCOLLOM PLACE XI, A RBSOBDXVXSION OF MCCOLLOK PLACS, A. SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWSSHIP 45 NORTH, RANGE 8 BAST OF THE THIRD PRINCIPAL MERIDIAN, AND ALSO A PART OF THE SOUTHWEST QUARTER OF THE HORTKEAST QUARTER OF SAID SECTION 26, ACCORDING TO THE PLAT TKSRBOF RECORDED MAY 3, 1S96 AS DOCOMBNT S6R022S82, IN MCKENRY COONTY, ILLINOIS.