HomeMy WebLinkAboutOrdinances - ORD-15-1738 - 07/06/2015 - ATF - OUTDOOR SEATING/SERVICEORDINANCE NO 15-1738
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT TO ALLOW A
RESTAURANT WITH OUTDOOR SEATING AND OUTDOOR SERVICE OF FOOD
AND ALCOHOL AT 1406 N RIVERSIDE DRIVE 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 Pa Summers, 1406 N Riverside
Drive McHenry, IL 60050 ("Applicant and Owner") requesting a Conditional Use Permit to
allow a restaurant with 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 June 17, 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 PROEPRTY is hereby granted a Conditional Use
Permit to allow a restaurant with outdoor seating and outdoor service of food and alcohol
subject to the following conditions:
• Outdoor entertainment is prohibited unless an amendment to this conditional use permit
or temporary use permit is sought and approved;
• Access to the outdoor seating area shall be perpetually restricted to and from the north
and south.
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 July 2015.
Voting Aye:
Voting Nay:
Abstaining:
Not Voting:
Absent:
Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
None
None
None
None
Mayor
ATTEST:
CftyOerk
EXHIBIT A
LOT 5 (EXCEPTING THE SOUTHERLY 11 FEET THEREOF) IN BLOCK 17 IN THE ORIGINAL PLAT OF
MCHENRY, ON THE WEST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST
QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN BOOK 8 OF DEEDS,
PAGE 160, IN MCHENRY COUNTY, ILLINOIS
COMMONLY KNOWN AS 1406 RIVERSIDE DRIVE, MCHENRY, IL