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HomeMy WebLinkAboutOrdinances - ORD-16-1813 - 10/17/2016 - USE VARIANCE TO ALLOW OUTDOOR SEATING/SERVICE OF FORDINANCE NO. ORD-16-1813 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A RESTAURANT WITH OUTDOOR SEATING INCLUDING OUTDOOR SERVICE OF FOOD AND ALCOHOL AND OUTDOOR ENTERTAINMENT FOR THE PROPERTY LOCATED AT 1402 N RIVERSIDE DRIVE 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 Corkscrew Pointe, Inc. (Applicant) requesting a Use Variance to allow a restaurant with outdoor seating including service of food and alcohol outside and limited outdoor entertainment on the property located at 1402 N Riverside Drive and 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 September 21, 2016, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (7- 0) in favor of the use variance; and WHEREAS, the City Council has considered the evidence and vote 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 a Use Variance to allow a restaurant with outdoor seating, including outdoor service of food and alcohol and outdoor entertainment with the following conditions: • Outdoor entertainment, including live musical entertainment, shall only be permitted from 7:00 PM to 10:00 PM; • Outdoor seating shall not extend beyond the hours dictated by the applicant's liquor license; • Separate permits are required for exterior signage; • Any and all electric shall be weather proof and ground fault circuit interrupt protected and comply with the 2008 Edition of the National Electric Code; • Abide by the Illinois Accessibility Code at all times; • Sound levels generated shall comply with the requirements found in Section XII of the City of McHenry Zoning Ordinance and Chapter 14.8 of the Municipal Code; • Access to the outdoor seating area shall be perpetually restricted to the free flow of pedestrian traffic and generally be directed through the building with the exception of emergency access. The outdoor patio shall be completely fenced -off to the general public around the perimeter; • A decorative -style fencing shall be utilized to enclose the proposed outdoor patio, which is transparent, less than 50% opacity and may include decorative PVC, vinyl, or wrought iron but not include chain link, solid wood or other fencing that is more than 50% opacity; • Outdoor dumpster shall be screened in accordance with the zoning ordinance; • After construction is completed, a topographic survey shall be completed to ensure the property is in compliance with floodplain ordinance/restrictions and consistent with the initial topographic survey; and • Site shall be developed in substantial conformance with the site plan and elevation renderings prepared by Aspect Design Inc. dated 12/16/15 and a latest revision date of 1/20/16 and consisting of three sheets. 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, 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 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. 2 PASSED and APPROVED this 6ch day of September 2016. Voting Aye: CONDON, CURRY, SCHAEFER, GLAB, SANTI Voting Nay: NONE Abstaining: NONE Not Voting: NONE Absent: WIMMER, PETERSON ATTEST: e City CVk f Mayor Exhibit A Legal Description of Subject Property Lot 6 (except a strip of land 19 feet in width off from the entire northerly side thereof), in block 17 in the original plat of McHenry on the west side of Fox River, a subdivision of 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 July 6, 1840 in Book B of Deeds, Page 160, in McHenry County, Illinois. Commonly referred to as 1402 N. Riverside Dr.