HomeMy WebLinkAboutOrdinances - ORD-15-1719 - 04/06/2015 - CUP OUTDOOR SEATING 3425 PEARL STORDINANCE NO ORD-15-1719
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT TO ALLOW A TAVERN WITH
ON-SITE PROCESSING, FOOD PREPARATION, LIVE ENTERTAINMENT (INDOOR AND
OUTDOOR), OUTDOOR SEATING AND OUTDOOR SERVICE OF FOOD AND ALCOHOL 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 Curt Ames/Chain O'Lakes Brewing
Company 3425 W Pearl Street McHenry, IL 60050 ("Applicant and Owner") requesting a
Conditional Use Permit to allow a tavern with on-site processing, food preparation, live
entertainment (indoor and outdoor), outdoor seating and outdoor service of food and alcohol
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 18, 2015 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 tavern with on-site processing, food preparation, live entertainment (indoor and
outdoor), outdoor seating and outdoor service of food and alcohol in accordance with the
attached site plan attached hereto and incorporated herein as Exhibit B be approved with
the following conditions:
• There shall be no interior food preparation permitted unless the applicant obtains a
building permit from the City and approval from the McHenry County Health
Department;
• There shall no general public access to the second floor of the building.
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.
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 and approved this 6th day of April 2015
AYES: Condon, Peterson, Wimmer, Blake, Schaefer, Santi
NAYS: Glab
ABSTAINED: None
ABSENT: None
NOT VOTING: None
ATTEST:
V-MJJl (L-VtiW)
• MAYOR
CLERK
Exhibit A
Legal Description of the Subject Property
Exhibit B
Site Plan