HomeMy WebLinkAboutOrdinances - ORD-16-1801 - 07/18/2016 - CUP FOR ASSEMBLY USE 1118-1122 N GREEN ST (MIXINORDINANCE NO 16--1801
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW
AN ASSEMBLY USE FOR THE PROPERTY LOCATED AT THE NORTHEAST
CORNER OF WAUKEAN ROAD AND GREEN STREET WITHIN THE UNITS
THEREON, 1118-1122 N GREEN STREET, 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 by Nate Grindeland, 6413 Ridgeview Drive
Huntley, IL 60142 ("Applicant") with the City, 1110 Green LLC c/o Manna Capital, 655 Irving
Park Road, Suite 105, Chicago, IL 60613 ("Property Owner"), requesting a Conditional Use
Permit to allow an assembly use on the property located at the northeast corner of Green Street
and Waukegan Road, specifically within the units, 1118-1122 N Green. The property is 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 22, 2016 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 units (1118-1122 N Green Street) located at SUBJECT
PROPERTY are hereby granted a conditional use permit to allow an assembly use with the
conditions:
• All events held at 1118/1122 N Green Street must be contained indoors
• Applicant must comply with all regulations of the McHenry County Health Department
• Any event and/or gathering which includes the sale of any alcoholic beverage must
comply with Chapter 4, Alcoholic Beverages, of the City of McHenry Municipal Code.
• Unless waived or amended by the City Council, if the assembly use is discontinued or
ceases operation for three consecutive months, the conditional use permit shall terminate
and be deemed null and void.
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 or 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 18th-DAY OF JULY 2016.
Voting Aye:
Voting Nay:
Not Voting:
Abstain:
Absent:
ATTEST:
JCity Clerk Ja ice C. Jones
Mayor Susan E. Low
1
Exhibit A
Legal Description
Riverwalk Center LLC
Parcel 1.
Part of the southeast quarter of Section 26 and part of the northeast quarter of Section 35, township 45
north, range 8 east of the third principal meridian, described as follows: begimiing at the intersection
of the north right-of-way line of Waukegan Road and the east right-of-way line of Green Street;
thence north 00 degrees 35 minutes 19 seconds east along said east right-of-way line of Green Street,
156 56 feet; thence north 21 degrees 15 minutes I9 seconds east along said right-of-way Iine, 101.06
feet, thence north 82 degrees 59 minutes 25 seconds east 42.56 feet, thence south 57 degrees 23
minutes 18 seconds east, 46,95 feet; thence south 17 degrees 27 minutes 33 seconds east, 7.44 feet;
thence south 64 degrees 48 minutes 54 seconds east, 15.77 feet; thence north 72 degrees I4 minutes
22 seconds east, 6.95 feet; thence south 72 degrees 40 minutes 18 seconds east, 25.29 feet to the east
line of the property described in Document 834188; thence south 19 degrees 48 minutes 32 seconds
west along said east line 25,66 feet to the southeast corner thereof; thence south 18 degrees 21
minutes 55 seconds west 64.87 feet to the south line of Lot 1 in Block 2 in Venice Park Addition to
McHenry Unit No I according to the Plat thereof recorded February 25, 1941 as Document No
15920, in Book 7 of Plats, Page 68 to a point 44,43 feet (measure = 43.90 feet) east of the southwest
corner of said Lot 1 (as measured along the south line); thence south 19 degrees 15 minutes 00
seconds west 30.00 feet to the south line of private lane (now vacated) as shown on said Venice Park
Addition; thence south 70 degrees 45 minutes 00 seconds east along said south line of private lane
(now vacated), 100.37 feet, thence south 19 degrees l5 minutes 00 seconds west, 134.23 feet to the
north right-of-way line of said Waukegan Road; thence north 70 degrees 45 minutes 00 seconds west
along said north right-of-way line 189.36 feet to the place of beginning, in McHenry County, Illinois
Parcel 2:
An exclusive perpetual easement of access to the slips along and across that part of real estate
described and shown as 10-foot pedestrian access easement, for the benefit of Parcel 1, as set forth in
the pier and boat slip access casement and assignment, recorded December 30, 2008 as Document
2008R0063234 over the following described land: That part of the northeast fractional quarter (lying
on the west side of the Fox River) of Section 35, township 45 north, range 8, east of the third
principal meridian, described as follows: commencing at the northwest corner of the northeast quarter
of the northeast quarter of said Section 35, thence southerly along the west line of said northeast
quarter of the northeast quarter, 143.88 feet to the southerly line of Waukegan Road (private lane) as
shown on the Plat of Venice Park Addition to McHenry Unit No. 1, according to the plat thereof
recorded February 25, 1941 as document no 152920; thence south 66 degrees 43 minutes 42 seconds
east along said southerly line of Waukegan Road, 87.18 feet to the place of beginning; thence
continuing south 66 degrees 43 minutes 42 seconds cast along said southerly line 10.93 feet; thence
south 00 degrees 32 minutes 30 seconds east 65.43 feet; thence south 41 degrees 10 minutes 09
seconds east, 41.02 feet; thence south 01 degree 03 minutes 38 seconds east, 219 62 feet; thence south
89 degrees 09 minutes 14 seconds east, 89.62 feet; thence south 00 dcgrees50 minutes 46 seconds
west, 10.00 feet; thence north 89 degrees 09 minutes 14 seconds west, 99.29 feet; thence north 01
degree 03 minutes 38 seconds west 225.40 feet, thence north 41 degrees 10 minutes 09 seconds west
41.07 feet; thence north 00 degrees 32 minutes 30 seconds west, 73.54 feet; to the place of beginning,
in McHenry County, Illinois,