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HomeMy WebLinkAboutOrdinances - ORD-16-1810 - 09/19/2016 - CUP FOR TAVERN 810 FRONT STORDINANCE NO ORD-16-1810 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN FOR THE PROPERTY LOCATED AT 810 FRONT ST. UNIT C 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 by Three Queens, 810 Front Street Unit C, McHenry, IL 60050, ("Applicant") with the City requesting a Conditional Use Permit to allow a tavern for the property located at 810 Front Street Unit C. The property, part of a larger shopping center, 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 July 13, 2016 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 be granted a Conditional Use Permit to allow a tavern at 810 Front Street Unit C. SECTION 2: In granting said Conditional Use Permit, the City Council finds 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 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. 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 19th DAY OF SEPTEMBER 2016. Voting Aye: CONDON, PETERSON, WINiMER, Ci1RRY, GLHB, Sl´┐ŻNTI Voting Nay: SCHAEFER Not Voting: NONE Abstain: NONE Absent: NONE Mayor ATTEST: Exhibit A Legal Description of the Subject Property The West 157 feet of that part of the northwest quarter of Section 35, township 45 north, Range 6, east of the Third Principal Meridian, described as follows: commencing at the southeast corner of outlot 5, according to the original plat of West McHenry; thence South 1 degree 15 minutes west, along the center line of Center Street, 351.78 feet, more or less, to the north line of Wattle's 2nd Addition to McHenry; thence westerly on said north line of Wattle's 2°d Addition, and said north line extended, 625.70 feet, more or less, to a point 40 feet east of the center line of State Route 31, thence northerly along a line parallel and 40 feet distant from said center line, 352.44 feet; thence easterly, 632.28 feet more or less, to the place of beginning, (excepting therefrom the north and south 30 feet thereof), in McHenry, Illinois.