HomeMy WebLinkAboutOrdinances - O-96-774 - 02/07/1996 - GRANT RECLASS AND CUP LAMBERT ED'S PIZZA 2214 W RTWalter Prueter and
LESLIE AND CATHY LAMBERT
ED'S PIZZA AND PUB
REGARDING: 2214 W ROUTE 120
MCHENRY IL 60050
ORDINANCE NO 0-96-774
ZONING FILE NO Z-399(38)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
RECLASSIFICATION AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed by Leslie and Cathy Lambert has been filed with the City
Clerk of the City of McHenry, Illinois requesting the following zoning change:
1. reclassification from E Estate Zoning District to C5 Highway Commercial District;
2. conditional use permit to allow the following uses on the subject premises:
a. outdoor advertising sign;
b. outdoor amusement establishment;
c. outdoor service of alcoholic beverages.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2214 West Route 120, McHenry Illinois, and legally described on Exhibit A
attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November
20, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented
thereat by the Petitioners; and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no
overriding reason for not granting the zoning reclassification and conditional use permit as requested;
and,
Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that
it would serve the interests of the City if said reclassification and conditional use permit were granted
for the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby
granted on the property commonly known as 2214 West Route 120, McHenry Illinois 60050, and legally
described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial District;
B. conditional use permit to allow the following uses on the subject premises:
1. outdoor advertising sign;
2. outdoor amusement establishment;
3. outdoor service of alcoholic beverages.
Section 2: That the City Council finds that in granting the reclassification, the following criteria
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
399(38)
page 2
B. The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
C. The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any changed conditions since the
adoption of the Plan.
D. The proposed use or zoning classification promotes the public interest and not solely the
interest of the applicant.
Section 3: That the City Council finds in granting the conditional use permit, the following
criteria have been proved before this body:
A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
B. 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.
C. 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.
D. The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected or 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.
E. 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.
F. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
Section 4: That in granting the conditional use the following restrictions shall be placed upon
the Petitioner:
A. Outdoor volley ball court shall be limited to two-day tournaments twice per year;
B. Horseshoe pits shall be limited to two-day tournaments twice per year;
C. Use of outdoor volleyball court and horseshoe pits be limited to daylight hours only;
D. Outdoor service of alcoholic beverages be limited to duration of volleyball and horseshoe
tournaments only;
E. Business owner shall secure a temporary use permit for each occurrence of the outside
entertainment as specified within this ordinance;
F. Owner shall comply with all landscape and screening requirements of the city.
399(38)
page 3
Section - All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, 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.
Passed this 7th day of Febr aiZz , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED:
ABSENT: None
NOT VOTING: None
Approved this 7 t-h day of Fehr,aZY, _, 1996.
MAYOR
ATTEST:
CITY CLERK
Eo's �Pi22.a , due
Exff r 6 r 7-
THAT PART OF THE SOUTHEAST OUARTER OF SECTION 25 AND THE NORTHEAST
QUARTER OF SECTION 26, ALL IN TOWNSHIP 45 NORTH. RANGE- 8 EAST OF THE
THIRD FRINCIFAL MERIDIAN, DESCRIBED AS FOLLOWS COM ENCINr AT THE
SOUTHWEST CORNER OF LOT 44 IN BLOCK 7 IN EASTWOOD MANOR UNIT 2,
THENCE SOUTH ALONG THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE
CENTER. LINE OF STATE ROUTE NO. 120; THENCE EAST ALONG THE CENTER OF
SAID HIGHWAY. 900 FEET; THENCE NORTH PARALLEL WITH THE: EAST LINE OF
HILLSIDE LANE, 350 FEET, TO THE SOUTH LINE OF BLOCK 7, THENCE WEST
ALONG THE SOUTH LINE OF SAID BLOCK 7, 900 FEET TO THE PLACE OF
BEGINNING, EXCEPT THE WEST 750 FEET THEREOF (EXCEPT THAT PART THEREOF
TAKEN FOR HIGHWAY) AND EXCEPT THAT PART THEREOF LOCATED IN THE
NORTHEAST QUARTER OF SECTION 26 AFORESAID, IN MCHEPPY COUNTY, ILL.INOIS
P I N 09-25-479-035