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HomeMy WebLinkAboutOrdinances - ORD-16-1767 - 01/18/2016 - USE VARIANCE 209 N FRONT STREET - BULLDOG ALE HOUSORDINANCE NO. 16-1767 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING INCLUDING SERVICE OF FOOD AND ALCOHOL OUTSIDE AND USE OF A NATURAL GAS FIRE PIT FOR THE PROPERTY LOCATED AT 209 N FRONT STREET 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 with the City by Matt Ahmeti, 394 E Irving Park Road, Roselle, I´┐Żlinois 60172 ("Applicant") requesting a use variance to allow a restaurant with outdoor seating including service of food and alcohol outside and use of a natural gas fire pit on the property located at 209 front street legally described on Exhibit A, attached hereto and incorporated herein ("SUBJECT PROPERTY"); and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on December 16, 2015 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (5-0) in favor of the use variance; 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 use variance 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: The SUBJECT PROPERTY is hereby granted Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside and use of a natural gas fire pit on the Subject Property subject to the following conditions: Gate to the parking lot shall be utilized for emergency ingress/egress only (pedestrian) and primary access shall remain through the interior of the building Written confirmation from the Illinois Department of Transportation, confirming the existing access off of Route 31 shall be required prior to occupancy SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan, 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 farm 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 VOTING AYE: VOTING NAY: NOT VOTING. ABSTAINING: ABSENT: ATTEST: JANUARY 2016 CONDON, PETERSON, WIMMER, CURRY, SCHAEFER, GLAB, SANTI NONE NONE NONE NONE =' MAYOR EXHIBIT A Legal Description of Subject Property Part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8, East of the Third Principal Meridian being described as follows: Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 35; thence Easterly along the North line thereof, 666.18 feet to the West right-of-way line of Illinois State Route 31; thence South 01 degrees 23 minutes 34 seconds East along said West right-of-way line, 518.36 feet to the Place of Beginning; thence continuing South 01 degrees, 23 minutes 34 seconds East along said right-of-way line, 128.15 feet; thence South 88 degrees 58 minutes 53 seconds West parallel with the North line of said Southwest Quarter of the Southwest Quarter, 373.00 feet; thence North 01 degrees 23 minutes 34 seconds West parallel with said West right-of-way line, 128.15 feet; thence North 88 degrees 58 minutes 53 seconds East parallel with the said North line of the Southwest Quarter of the Southwest Quarter, 373.00 feet to the Place of Beginning, in McHenry County, Illinois.