HomeMy WebLinkAboutOrdinances - ORD-15-1729 - 06/01/2015 - CUP FOR TAVERN 1771 N RICHMOND ROADORDINANCE NO ORD-15-1729
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN FOR THE
PROPERTY LOCATED AT 1771 NORTH 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 Blackhawk Restaurant Group LLC, 17W635
Butterfield Road, Suite 120, Oakbrook Terrace, IL 60181 ("Applicant") requesting a Conditional Use
Permit for a tavern 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 May 13, 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.
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.
Voting Aye: Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: None
Passed and approved this 1" day ofJUNE 2015.
SIGNED:
;3f-
Wyor
ATTEST:_
City Clerk
1
Exhibit A
Legal Description of the Subject Property