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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