HomeMy WebLinkAboutOrdinances - ORD-16-1802 - 08/01/2016 - CUP FOR TAVERN 2816 W RT 120 (LUCKY POKER)ORDINANCE NO 16-1802
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A
TAVERN FOR THE PROPERTY LOCATED AT 2816 W ILLINOIS ROUTE 120 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 Uprooted, 2816 W Illinois Route 120, McHenry,
IL 60051, ("Applicant and PROPERTY OWNER") with the City requesting a Conditional Use
Permit to allow a tavern for the property located a 2816 W Illinois Route 120. 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 July 13, 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 SUBJECT PROPERTY be granted a Conditional Use Permit to
allow a tavern on the SUBJECT PROPERTY subject to the condition the Conditional Use Permit
shall expire two -years from the date of passage of this ordinance unless extended 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
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 neither 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 lSt day of August 2016.
Voting Aye: Peterson, Curry, Schaefer, Glab, Santi
Voting Nay: Condon, Wimmer
Abstaining: None
Not Voting: None
Absent: None
Mayor
ATTEST:
Exhibit A
Legal Description of the Subject Property
Lot 22 (excepting therefrom a piece of land 60 feet in width running parallel
with and adjoining the west line of said Lot 22) in Conway's Subdivision, being
a Subdivision of part of the Southwest Quarter of the Southwest Quarter of
Section 25, Township 45 North, flange 8 East of the Third Principal Meridian,
according to the Plat thereof recorded August 16, 1923 as Document No. 60164,
in Book 4 of Plats, page 99, excepting and reserving therefrom that part as
condemned by the State of Illinois in Circuit Court Case No. 91-ED-6 and as
described in a Lis Pendens Notice recorded.as Document No. 91R 048841 in
McHenry County, Illinois.
PERMANENT XNDEX NO(S).: 09-25-354-009
STREET ADDRESS: 2816 Route 120 McHenry, IL 60050
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