HomeMy WebLinkAboutOrdinances - 22-46 - 08/15/2022 - Variance Munson 3112 W Lincoln Rd CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-46
ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT
FOR THE OPERATION AND EXPANSION OF THE EXISTING MARINA
WITH OUTDOOR STORAGE, MOTOR/RECREATIONAL VEHICLE FUEL
AND OIL SALES, MARINE VEHICLE SERVICE AND REPAIR, SLIP
RENTALS,AND OPEN SALES LOT AT 3112 W. LINCOLN ROAD.
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
August 15, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 16th day of August 2022
ORDINANCE NO 22-46
ORDINANCE GRANTING VARIATIONS AND A CONDITIONAL USE PERMIT FOR THE OPERATION AND
EXPANSION OF THE EXISTING MARINA WITH OUTDOOR STORAGE, MOTOR/RECREATIONAL VEHICLE
FUEL AND OIL SALES, MARINE VEHICLE SERVICE AND REPAIR, SLIP RENTALS,AND OPEN SALES LOT AT
3112 W. LINCOLN ROAD.
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 Mark Munson ("PROPERTY OWNER"),
requesting approval of Variations and a Conditional Use Permit for the Operation of a Marina with
Outdoor Storage, Motor/Recreation Vehicle Fuel and Oil Sales, Marine Vehicle Service and Repair, Slip
Rentals, and Open Sales Lot for the property located at 3112 W. Lincoln Road legally described in
"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 July 20, 2022 in the manner prescribed by ordinance and statute, and as a result of said
hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the
granting of said request; and
WHEREAS,the City Council has considered the evidence and recommendations from the
Planning and Zoning Commission and finds that the approval of the request 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 for the
operation and expansion of the existing Marina with Outdoor Storage, Motor/Recreational Vehicle Fuel
and Oil Sales, Marine Vehicle Service and Repair,Slip Rentals, and Open Sales Lot at 3112 W. Lincoln
Road subject to the following conditions:
1. The SUBJECT PROPERTY shall be developed in substantial conformance with the Landscaping
and Screening Ordinance to the greatest extent possible as determined by the Zoning
Administrator.
2. The outdoor storage of bulk materials is prohibited unless fully enclosed.
3. All development on the SUBJECT PROPERTY shall be in substantial conformance with the
submitted site plan dated 01/20/2022 attached hereto as "Exhibit B".
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the approval
criteria listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met.
SECTION 3: That the SUBJECT PROPERTY is hereby granted relief from §10-13-5 of the City of
McHenry's Fence Regulations to allow a 6' tall privacy screening fence to encroach within the required
Front Yard to screen the areas identified as "Boat&Trailer Storage" in "Exhibit B" as determined by the
Zoning Administrator.
SECTION 4: That the SUBIECT PROPERTY is hereby granted approval of the following Variations
from the City of McHenry Zoning Ordinance:
1. Variation to allow a front yard setback of 3.9 feet to accommodate the existing principal
structure.
2. Variation to accommodate the existing parking lot that encroaches within 10 feet of the
north property line.
3. Any other zoning variations necessary to accommodate the proposed development as
depicted on the site plan in "Exhibit B".
SECTION 5: In granting said Zoning Variations, the City Council finds that the Approval Criteria
for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 15th day of August, 2022.
Ayes Nays Absent Abstain
Alderman Devine x
Alderman Glab x
Alderman Harding x
Alderman Strach x
Alderwoman Miller x
Alderman Santi x
Alderman McClatchey x
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Wayne Jett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
LEGAL DESCRIPTION
Parcel 1:All that part of the Fractional Southeast Quarter of Section 26,Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Beginning at the Southeast corner of Lot 8 in Block 3 in the
Original Plat of McHenry, East of the Fox River,according to the Plat thereof recorded July 6, 1840 in Book B of
Deeds, page 160,and running thence North along the East line of said Lot, 132.0 feet, more or less,to the
Northeast corner thereof;thence East along the South line of Lot 4 of said Block 3, 15.0 feet;thence North 1
degree,47 minutes West, 108.0 feet;thence North 65 degrees, 23 minutes West, 180.0 feet, more or less,to the
water's edge of the Fox River;thence Southwesterly along said water's edge to the Southwest corner of Lot 1 in
Block 4 of said Subdivision;thence East 2.92.35 feet, more or less,to the corner of beginning, in McHenry
County, Illinois.
Parcel 2:All that part of Lot 1 in Block 5 of the Original Plat of McHenry, East of the Fox River, a Subdivision of
part of the Fractional Southeast Quarter of Section 26,Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof dated July 6, 1840 and recorded in Book B of Deeds, page 160,described
as follows: Beginning at the Northeast corner of said Lot 1 and running thence South 39 degrees, 58 minutes
West,87.45 feet to the Southerly line of Lot 1;thence West along the Southerly line of said Lot 1 to the water's
edge of Fox River;thence Northerly along the water's edge of Fox River to the Northwest corner of said Lot 1;
thence East along the North line of said Lot 1, 114 feet, more or less,to the corner of beginning, (except that part
falling in Lot 1, described as follows: Beginning at the Northeast corner of said Lot 1;thence South 39 degrees,58
minutes West, 110.95 feet;thence North 77 degrees,08 minutes West,56.0 feet, more or less,to the water's
edge of Fox River;thence North 12 degrees,32 minutes, 12 seconds East, 19.0 feet to the beginning of a 351.97
foot radius non-tangent curve,whose center bears North 20 degrees,05 minutes,39 seconds West;thence
Northeasterly along said curve through a central angle of 19 degrees,36 minutes.02 seconds,a distance of
120.41 feet to the North line of said Lot 1;thence North 88 degrees, 55 minutes East along said North line, 23.0
feet to the corner of beginning, in Block 5 in the Original Plat of the Village(now City)of McHenry, East side of
Fox River, a Subdivision of part of the Fractional Southeast Quarter of Section 26,Township 45 North, Range 8
East of the Third Principal Meridian,according to the Plat thereof dated July 6, 1840 in Book B of Deeds,page
160), in McHenry County, Illinois.
Parcel 3:All that part of Ann Street lying West of the East line of Lot 1 in Block 5, produced North to its
intersection with the South line of Block 4, according to the Original Plat of McHenry, East of Fox River,a
Subdivision of part of the Fractional Southeast Quarter of Section 26,Township 45 North, Range 8 East of the
Third Principal Meridian,according to the Plat thereof dated July 6, 1840 in Book B of Deeds, page 160,in
McHenry County, Illinois.
Parcel 4: Lots 9, 10 and 11 in Block 3 in the Original Plat of the Village (now City)of McHenry, East side of the 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.
Parcel 5:The East Half of that part of the Southwest Quarter of the Southwest Quarter of Section 25, described
as follows: Commencing at a post that stands on the West line of said Section 25, 16 chains North of the
Southwest corner of said Section 25;thence North 2 chains to a stake;thence East 2 chains to a stake;thence
South 2 chains to a stake;thence West 2 chains to the place of beginning,all in Township 45 North, Range 8 East
of the Third Principal Meridian, in McHenry County, Illinois.
Parcel 6:That part of the Southeast Quarter of Section 26,Township 45 North, Range 8, East of the Third
Principal Meridian,described as follows: Beginning at a point in the Southerly line of River Court of Hunterville
Park Subdivision,according to the Plat thereof recorded March 30, 1929 as Document No.87599 in Book 7 of
Plats, page 4,which is South 42 degrees, 14 minutes East,41.93 feet from the Southeast corner of Lot 22 of Block
5 of said Subdivision, and running thence South 42 degrees, 14 minutes East along the Southerly line of said River
Court, 200.47 feet, more or less,to an angle point in said River Court;thence South along the West line of said
River Court, 164.95 feet, more or less,to an angle point in said River Court;thence South 87 degrees,47 minutes
West, 254.7 feet;thence North 1 degree,47 minutes East, 100.0 feet;thence North 65 degrees,23 minutes
West, 180 feet, more or less,to the water's edge of Fox River;thence Northerly along the water's edge of Fox
River,217.2 feet, more or less,to the point of intersection of the water's edge of Fox River with a line drawn 52.5
feet Southerly from, measured at right angles to and parallel with the Southerly line of said Lot 22 of Block 5 of
Hunterville Park Subdivision, aforesaid;thence South 62 degrees,57 minutes East parallel with and 52.5 feet
Southerly from the Southerly line of Lot 22,aforesaid,215.2 feet,more or less,to a point which is South 30
degrees, 17 minutes West,37.5 feet from the place of beginning;thence North 30 degrees, 17 minutes East,37.5
feet to the place of beginning, in McHenry County, Illinois.
Parcel 7: Lots 5, 15, 16, 17 and 18 in Block 4 in Hunterville Park Subdivision,a Subdivision of part of the
Southwest Quarter of Section 25,and of the Southeast Quarter of Section 26,Township 45 North, Range 8 East
of the Third Principal Meridian, according to the Plat thereof recorded March 30, 1929 as Document No.07599,
in Book 7 of Plats, page 4, in McHenry County, Illinois.
Parcel 8:The West 1/2 of that part of the Southwest 1/4 of the southwest 1/4 of Section 25,described as
follows: commencing at a post that stands on the West Line of said Section 25, 16 Chains North of the Southwest
Corner of said Section 25;thence North 2 chains to a stake;thence East 2 chains to a stake;thence South 2
chains to a stake;thence west 2 chains to the point of beginning, all in township 45 North, Range 8, East of the
Third Principal Meridian, in McHenry County, Illinois.
Parcel 9: Lot 12 in Block 3 in the Original Plat of the Village(now City) of McHenry East Side of Fox River, a
Subdivision of part of the Southeast 1/4 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.
Parcel 10:The South 132.00 feet of Vacated Charles Street lying between River Court and Lincoln Road as
described on the Plat of Vacation of Charles Street, recorded July 30, 1982 as Document No.838998, in McHenry
County, Illinois.
Parcel Numbers:
09-25-306-006,09-25-306-007,09-25-306-008,09-25-306-009,09-25-306-014,09-25-351-004,09-25-351-005,
09-26-433-013,09-26-433-015,09-26-433-016,09-26-433-017,09-26-433-023,09-26-433-027
Commonly Known As: 3112 W. Lincoln Road, McHenry, Illinois 60050
EXHIBIT B
Site Plan Dated 01/20/2022
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