HomeMy WebLinkAboutOrdinances - ORD-17-1828 - 03/06/2017 - CUP 3315 PEARL ST (JOHN'S GARAGE)ORDINANCE NO ORD-17-1828
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW
ASSEMBLY USE ALONG WITH OUTDOOR SEATING AND ENTERTAINMENT FOR
THE PROPERTY LOCATED AT 3315 PEARL STREET, 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 John Smith, 200 S Green Street, McHenry, IL
60050 ("Applicant") with the City, Anthem R.E., LLC, 200 S Green Street, McHenry, IL 60050
("Property Owner"), requesting a Conditional Use Permit to allow an assembly use with outdoor
seating and entertainment on the property located 3315 Pearl Street. 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 February 15, 2017 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 is hereby granted a Conditional Use
Permit to allow an assembly use along with outdoor seating and entertainment with the following
conditions:
• Access to the outdoor seating area shall be perpetually restricted to the free flow of
pedestrian traffic and generally be directly through the building with the exception of
emergency access. The outdoor patio shall be completely fenced -off to the general public
around the perimeter, with a gate parallel to Pearl Street. Outdoor seating shall be limited
to the subject property only;
• Applicant shall submit a permit for the outdoor seating area, including proposed fencing
and gate as well as ingress and egress points prior to utilizing the outdoor area on the
subject property in conjunction with any event in the building on the subject property;
• Applicant must comply with all regulations of the McHenry County Health Department
as well as all provisions of the City of McHenry Alcoholic Beverages ordinance.
• No outside entertainment is permitted after 10:00 PM Monday through Thursday nights
and after 11:00 PM Friday through Sunday nights.
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 6th day of MARCH 2O17
Voting Aye: CONDON, WIlVIlVIER, CURRY, SCHAEFER, SANTI
Voting Nay: GLAB
Abstaining: NONE
Not Voting: NONE
Absent: NONE
ATTEST:
Mayor
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EXHIBIT A
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
THE EAST Y OF LOTS 2 AND 3, (EXCEPT THE SOUTHWESTERLY 6 FEET OF SAID LOT 3), IN BLOCK
19 OF THE ORIGINAL TOWN OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER, IN THE
SOUTHEAST % OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THERE OF RECORDED IN BOOK 2 OF PLATS, PAGE 40, IN
MCHENRY COUNTY, ILLINOIS.
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