HomeMy WebLinkAboutOrdinances - ORD-03-1122 - 01/13/2003 - GRANT CUP 1225 N GREEN ST THOTSAPORN CHULERT GREENORDINANCE NO. ORD-03-1122
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO SERVE
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE OPERATION OF A
RESTAURANT AT 1225 N. GREEN STREET,
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Thotsaporn Chulert
requesting a Conditional Use Permit to serve alcoholic beverages in conjunction with
the operation of a restaurant at 1225 N. Green Street; and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on November 21, 2002, 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 recommendation
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 property commonly known as 1225 N. Green St., and
legally described on attached Exhibit "A", is hereby granted a Conditional Use Permit to
serve alcoholic beverages in conjunction with the operation of a restaurant.
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.
1
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 nor of the general
public in the vicinity; and
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 THIS 13TH DAY OF JANUARY , 2003
AYS: BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS:
NONE
NONE
ABSTAINED:
ABSENT:
NONE
NOT VOTING:
NONE
APPROVED THIS DAY OF Q, , 2003
ATTEST:
C.
Cl Y C RK
MAYOR
2
Exhibit A
Legal Description of the SUBJECT PROPERTY
THAT PART OF LOT 6 IN BLOCK 23 IN ORIGINAL PLAT OF MCHENRY, A PART OF
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED IN BOOK B OF DEEDS, PAGE 160, DESCRIBED AS
FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 6
AND RUNNING THENCE SOUTH 23 DEGREES WEST ALONG THE EASTERLY
LINE OF SAID LOT, 60 FEET; THENCE NORTH 67 DEGREES WEST PARALLEL
WITH THE. NORTHERLY LINE OF SAID LOT, 132 FEET; THENCE NORTH 23
DEGREES EAST PARALLEL WITH THE SAID EASTERLY LINE OF SAID LOT, 60
FEET TO THE' NORTHERLY LINE OF SAID LOT; THENCE SOUTH 67 DEGREES
EAST, ALONG SAID NORTHERLY LINE, 132 FEET, TO THE PLACE OF BEGINNING,
I.N. MCHEN.RY=CO.UN--TY,. ILLINOIS,
PIN: 09-26-454-013
3