HomeMy WebLinkAboutOrdinances - ORD-15-1754 - 09/21/2015 - CUP DUNKIN DONUTS @ OAK AVE & FRONT STORDINANCE NO 15-1754
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
DRIVE-IN ESTABLISHMENT WITH OUTDOOR SEATING IN CONJUNCTION WITH
A RESTAURANT AND VARIANCES FROM THE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING AND LOADING; LANDSCAPING AND
SCREENING AND ACCESSORY USES; YARDS AND FENCES FOR THE PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF OAK AVENUE AND FRONT
STREET (ILLINOIS ROUTE 31) 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 Suresh Patel, 1180 Heather Drive,
Lake Zurich, IL 60047 ("Applicant") requesting a Conditional Use Permit to allow a drive-in
establishment with outdoor seating and Variances from the Off-Street Parking and Loading
requirements; Landscaping and Screening and Accessory Uses, Yards and Fences requirements
in the zoning ordinance 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 August 27, 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 Variances; 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 and Variances 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 drive-in establishment with outdoor seating subject to the following
conditions:
• Site is developed in substantial conformance with the attached site and landscape plans
and building elevations (collectively the "Site Plan") attached hereto and incorporated
herein as EXHIBIT "B";
• The six (6) foot solid wooden fence shall be extended thirty (30) feet to the east, along
the south property line towards Front Street (Illinois Route 31), from its intersection with
the west property line.
• Applicant shall contact the Illinois Department of Transportation (IDOT) and submit an
approval letter from IDOT permitting the use of subject property as-proposed prior to a
building permit being issued;
• All off-site and on-site (access and roadway) improvements to and from Front Street shall
be in accordance with the requirements of IDOT;
• Applicant shall dedicate right-of-way required for long-term roadway improvements to
Illinois Route 31; dedication shall be made to the City free and clear of any liens and
encumbrances and a plat of dedication shall be submitted to the City for recordation; City
will work with applicant and IDOT to determine amount of right-of-way which may be
required.
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: That the SUBJECT PROEPRTY is hereby granted a seven space variance
from the off-street parking and loading requirements; a ten-foot variance from the residential
screening strip requirements along the west property line; a seven-foot variance from the front
foundation base planting requirement and a variance from the accessory uses, yards and fences
section of the zoning ordinance to allow a refuse enclosure in the required corner side yard with
the condition property is developed in substantial conformance with the attached Site Plan.
SECTION 4: In granting said Variances the City Council finds that the requirements of
Table 32 of the Zoning Ordinance have been met in that:
1. Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the same
zoning district. And these circumstances are not of so general or recurrent a
nature as to make it reasonably practical to provide a general regulation to cover
them.
2. The special circumstances referenced herein relate only to the physical character
of the land or building(s) for which the variance is sought, such as dimension,
topography, or soil conditions. They do not concern any business or activity the
present or prospective owner or tenant carries on, or seeks to carry on, therein, not
to the personal, business, or financial circumstances of such owner or tenant or
any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because without
the variance the applicant will be deprived of any reasonable use or enjoyment of
the property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or
welfare in the vicinity.
8. The granting of a Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in
light of any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
thPASSED and APPROVED this 21t day of September 2015.
Voting Aye:
Voting Nay:
Absent:
Not Voting:
Abstaining:
ATTEST:
Schaefer, Curry, Condon, Peterson, Wimmer, Santi
Glab
None
None
None
Mayor
City dterk
EXHIBIT A
Lots 11,12, and 13 in Block 2 in Meadow Lane Subdivision, being a subdivision of
part of the West y2 of the Northwest % of Section 35, Township 45 North, Range 8
East of the third Principal Meridian, according to the Plat thereof recorded July
29,1947 as Document No. 203236, in McHenry County, Illinois.
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SW CORNER OF FRONT (RTE 31) & OAK AVE.
MCHENRY.IL 60050
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