HomeMy WebLinkAboutOrdinances - ORD-15-1732 - 06/15/2015 - CUP TAVERN W/OUT LIVE ENTERTAINMENT 4005 KANE UNITORDINANCE NO 15-1732
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN
WITHOUT LIVE ENTERTAINMENT AT 4005 KANE AVENUE UNIT L 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 Kathleen D. Schaid Living Trust,
4005 Kane Avenue McHenry, IL 60050 (“Owner”) requesting a Conditional Use Permit to allow
a tavern without live entertainment at 4005 Kane Avenue Unit L 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 April 15, 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 without live entertainment at 4005 Kane Avenue Unit L with the
condition that there be no on-site food preparation at 4005 Kane Avenue (Unit L) unless the
conditional use permit is amended by the City Council.
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