HomeMy WebLinkAboutOrdinances - O-96-799 - 09/04/1996 - GRANT CUP APPLEBEES RESTAURANTIN THE MATTER OF THE APPLICATION OF )
APPLE SOUTH, INC. FOR A CONDITIONAL ) ORDINANCE NO 0-96-799
USE PERMIT FOR AREA APPROXIMATELY 160' ) ZONING FILE NO Z--409
NORTH OF THE NORTHEAST CORNER OF ROUTE )
31 AND 1ST AVENUE, MCHENRY, IL )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
CONDITIONAL USE PERMIT THEREON.
Whereas, a written Petition signed by William M. Franz,
representing Apple South, Inc., has been filed with the City
Clerk of the city of McHenry, Illinois requesting the granting of
a Conditional Use permit under the provisions of the Zoning
Ordinance of the City of McHenry, as amended, concerning the
following described premises:
LOT 1 IN McCULLOM PLACE II, A RESUBDIVISION OF McCULLOM PLACE, A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN MCHENRY COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF
RECORDED ON MAY 3, 1996, IN THE OFFICE OF THE RECORDER OF DEEDS
FOR MCHENRY COUNTY, ILLINOIS AS DOCUMENT NO. 96R022582,
commonly known as: Approximately 160' north of the northeast
corner of Route 31 and 1st Avenue, McHenry, IL.
Whereas, said Petitioner is requesting a conditional use
permit to allow an Applebee's restaurant serving alcoholic
beverages, but without live entertainment or dancing, as required
by the City of McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry
Zoning Board of Appeals on July 22, 1996, at which time the
Zoning Board of Appeals did take evidence and view exhibits
presented thereat by the Petitioner; and,
Whereas, based on objections heard, the Zoning Board of
Appeals found that there was reason for not granting the
requested conditional use permit; and,
Whereas, despite the findings of the Zoning Board of
Appeals, the City Council finds that it would serve the interests
of the City if a conditional use permit was granted for Apple
South, Inc. for the purpose of allowing an Applebee's restaurant
serving alcoholic beverages, but without live entertainment or
dancing, 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 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.
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.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of McHenry, Illinois, as follows:
Section 1: That a Conditional Use Permit is hereby granted
on the foregoing legally described property, commonly known as
approximately 160' north of the northeast corner of Route 31 and
1st Avenue, McHenry, IL, to permit an Applebee's restaurant
serving alcoholic beverages on the subject premises, but without
live entertainment or dancing, but that, even with this
conditional use permit, the subject property owner will still be
required to comply with all requirements as to new construction.
Section 2: That the City Council finds that in granting said
conditional use, the following findings have been proved before
this body:
A. Any adverse impact of types or 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
deleterious effect on the environmental quality, property values,
or neighborhood character already existing in the area or normally
associated with permitted uses in this 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 exiting 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 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, 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 this 4th day of September, 1996.
AYES: Rnlgpr, T or-kP - i a mson , Ra i rd
NAYS: Rates,
ABSTAINED: NnnP
ABSENT: Nnnp
NOT VOTING:
WQQ-
Approved this 4th Zaf Seember, 1996.
MAYOR
ATTEST:
CITY CLERK