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Home My WebLink AboutOrdinances - ORD-14-1687 - 09/08/2014 - CUP FOR DRIVE-IN 3RD WINDOW MCDONALDS 4441 W ELMartment of Community & iomic Development ig artin, Deputy City Administrator McHenry Municipal Center Green 3LreeL enry, Illinois 60050 ne: (815) 363-2170 Fax: (815) 363-2173 ww.ci.mchenry.il.us ontemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the )assage of this Ordinance constitutes an exercise of the City's home rule powers and functions s granted in the Constitution of the State of Illinois; and L58 West Main Street Lena, IL 60148 (Representing McDonald's USA LCC 2111 McDonald's Dr. Dakbrook, IL 60523) requesting a Conditional Use Permit to allow a drive-in establishment ncluding the addition of third service window on the property legally described on Exhibit "A" ttached hereto and incorporated herein, the "SUBJECT PROPERTY"; and sion on August 20, 2104 in the manner prescriDed by ordinance and statute, and as a esulL 01 saIU Hearing, LHe rianning and Zoning Commission did recommend LO Me ULY Council he granting of the requested Conditional Use Permit; and 6 FF y y )ublic health, safety, morals and general welfare of its residents. KInXA1 TW1:D[:C:nD1: M: IT r)Dr)AIKII:r) QV TLir rITy r(0)HKIrII fm)C: TUr rITV nC RArWC:KIDV SECTION 1: That the SUBJECT PROPERTY is herehxt grantprl n Cnnrlitinmil 111�zp Pprmit tn rvith the site plan attached hereto and incorporated herein as Exhibit B subject to the following a onclitions. 0 Area adjacent to the third window be stripecl/cross�hatchecl; Department of Community & Economic Development g Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us the exception of the addition of a third service window. I equirements of Table 31 of the Zoning Ordinance have been met in that: the zoning district has been minimized. 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; 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. clegree uisproporLionaLe LO Mal. normally expeCLed ol permlLLe uses in L e 9 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; I I in the vicinity; and Tkin rn ncenrl "ca ic in hnrmr)n with nil nthnr inlimmontc nf rnm ntihilit ION 3: All Ordinances or Darts thereof in conflict with the terms and Drovisions SECTION 4: This Ordinance shall be published in pamphlet form by and under the I artment of Community & Economic Development g artin, Deputy Lity Aaministrator McHenry Municipal Center JCCH L11=CL CHI Y1 I "U ZI UUUJU ne: (815) 363-2170 Fax: (815) 363-2173 ww.ci.mchenry.il.us )pproval, and publication in pamphlet form as provided by law. qAYS: None %BSTAINED: None 4 %BSENT. None qOT VOTING: None %PPROVED THIS 8th DAY OF SEPTEMBER, 2014 I\AAVr)P Exhibit A Legal Description of the SUBJECT PROPERTY Parcel 1: That part of the northwest quarter of the southeast quarter of Section 27, Township 45 north, range 8 east of the third principal meridian, described as follows: commencing at the southwest comer of Lot 4 in Shady Crest Subdivision, according to the plat thereof recorded June 13, 1957 as Document No 324222, in Book 13 of Plats, Page 28: thence north 5 degrees 01 minutes 33 seconds east along the westerly line of said Lot 4, 458.02 feet to the northwest comer of said Lot 4 and also the old centerline of State Route 120; thence south 74 degrees 16 minutes 28 seconds east, along said state highway old centerline, 344.68 feet to the place of beginning; thence continuing south 74 degrees 16 minutes 28 seconds east, 150.00 feet to the northeast comer of the property formerly owned by Henry C. Wohlert and Rosina C. Wohlert (as described in Book 378 of Deeds, page 117, in McHenry County Illinois); thence south I degree 00 minutes 43 seconds west, along the easterly line of said Wohlert Property, 322.23 feet to the south line of the northwest quarter of the southeast quarter of said Section 27; thence north 90 degrees 00 minutes 00 seconds west, along said south line, 145. 10 feet; thence north I degree 00 minutes 43 seconds east, 362.89 feet to the point of beginning, in McHenry County, Illinois, excepting thereftom the following described Land: that part of the northwest quarter of the southeast quarter of Section 27, Township 34 north, range 8 east of the third principal meridian, in McHenry County, Illinois, described as follows: Commencing at the southwest comer of Lot 4 in Shady Crest, according to the plat thereof recorded June 13, 1957, as Document No 324222 in Book 13 of Plats, page 28; thence on an assumed bearing of north 4 degrees 09 minutes 19 seconds east along the west line of said Lot 4, a distance of 457.91 feet (458.02 feet, recorded) to the northwest comer of Lot 4, being also a point on the original center line of Illinois Route 120; thence south 74 degrees 52 minutes 04 seconds cast along the said original center line of Illinois Route 120, a distance of 344.68 feet to the point of beginning; thence continuing south 74 degrees 52 minutes 04 seconds east along the said original center line of Illinois Route 120, a distance of 61.98 feet; thence south 15 degrees 07 minutes 56 seconds west, a distance of 50.00 feet to a point of 50.00 feet normally distant south of the said original center line of Illinois Route 120; thence north 74 degrees 52 minutes 04 seconds west along a line 50.00 feet normally distant south of and parallel with the said original center line of Illinois Route 120, a distance of 48.53 feet to the west line of the grantor; thence north 0 degrees 04 minutes 39 seconds east along the west line of the grantor, a distance of51.78 feet to the point of beginning. Parcel 2: That part of the northwest quarter of the southeast quarter of Section 27, Township 45 north, range 8 east of the third principal meridian described as follows: the east 54-3 feet of the west 154.3 feet by parallel measure as measured on the south line thereof that part of the northwest quarter of the southeast quarter of said Section 27, described as beginning at the southeast comer of the northwest quarter of the southeast quarter, thence west 10. 19 chains to a stake, thence north to a point in the center line of state Route 120 that is 697.62 feet northwesterly as measured along said center line from the east line of said northwest quarter of the southeast quarter of Section 27, thence southeasterly along the center line of State Route 120 a distance of 10.87 chains to the east line of the northwest quarter of the southeast quarter of said Section 27; thence southerly along aforesaid east line of the northwest quarter of the southeast quarter of said Section 27 to the point of beginning in McHenry County, Illinois. 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