HomeMy WebLinkAboutOrdinances - ORD-19-1922 - 01/21/2019 - CUP 3430 West Elm StreetCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-19-1922
An Ordinance granting a Conditional Use Permit to allow an Assembly Use for the
property located at 3430 W Elm Street in the City of McHenry, McHenry County,
Illinois
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
January 21, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 21st day of January, 2019.
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO 19-;!-q
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY
USE FOR THE PROPERTY LOCATED AT 3430 W ELM 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 by the Youth and Family Center of McHenry County,
3430 W Elm Street, McHenry, IL 60050 ("Applicant"), requesting a Conditional Use Permit to
allow an assembly use on the property located at 3430 W Elm Street. The property 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 December 13, 2018 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 is hereby granted a Conditional Use Permit to
allow an Assembly Use.
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
7
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
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 THIS 2- I S DAY OF * ,n,) a f ,i , 2019
AYES:
T � CUhG`0 V1
NAYS:
ABSTAINED: (�
ABSENT: r
NOT VOTING:
APPROVED THIS - Sr DAY OF n l/ a , 2019
n
CITY CLERK
9
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
' k"'JAI
AYOR
Department of
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
Exhibit A
Legal Description of the Subject Property
10
EXHIBIT A
LEGAL DESCRIPTION
THE NORTHERLY 46.25 FEET OF SUB -LOT 1 OF LOT 9 IN BLOCK 21 OF COUNTY CLERK'S PLAT OF
SUBDIVISIONS IN BLOCKS 12, 18, 19, 20, 21, 23, 24, 25, 26 AND 27 IN PLAT OF VILLAGE OF
MCHENRY, WEST OF FOX RIVER, BEING A PART OF THE SOUTHEAST FRACTIONAL QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 IN BOOK 2 OF PLATS, PAGE 40, IN
MCHENRY COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 3430 W. ELM STREET, MCHENRY, IL