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HomeMy WebLinkAboutOrdinances - 22-75 - 12/05/2022 - CUP 4102 Crystal Lake Rd CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 22-75 ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE IN CONJUNCTION WITH A CONTRACTOR'S OFFICE AT 4102 W. CRYSTAL LAKE ROAD. Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois December 5, 2022 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County,Illinois this 6th day of December 2022 ORDINANCE NO 22-75 ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE IN CONJUNCTION WITH A CONTRACTOR'S OFFICE AT 4102 W. CRYSTAL LAKE 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 Daniel Daczewitz, ("PROPERTY OWNER") requesting approval of a Conditional Use Permit for Outdoor Storage in conjunction with a Contractor's Office at 4102 W. Crystal Lake Road 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 November 16, 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 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 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 Outdoor Storage in conjunction with a Contractor's Office at 4102 W. Crystal Lake Road subject to the following conditions: 1. All development and Outdoor Storage on the subject property shall be in substantial conformance with the submitted plan attached hereto as "EXHIBIT B". 2. The Property Owner shall maintain the storage area in a neat and orderly appearance as determined by the Zoning Administrator. 3. All outdoor storage shall be related to the existing business operations. 4. The Property Owner shall provide a tree survey and preservation plan to the Zoning Administrator prior to removing any on-site trees for the construction of the proposed privacy screening fence.The petitioner shall preserve the existing tree line to the greatest extent possible as determined by the Zoning Administrator. 5. No parking will be allowed within fifteen (15) feet of the eastern property line that borders Crystal Lake Road. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in §11-15-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: 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 4: 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 5th day of December, 2022. Aves Nays Absent Abstain Alderman Devine X Alderman Glab X Alderman Harding X Alderman Strach X Alderwoman Miller X Alderman Santi X Alderman McClatchey X rr � Wayne Jett, Mayor Tris a Ramel, City Clerk Exhibit A Legal Description of the Subject Property PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 OF HANLEY'S FIRST ADDITION TO THE CITY OF MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED MAY 26, 1893 AS DOCUMENT NUMBER 10152, IN BOOK 1 OF PLATS, PAGE 44; THENCE SOUTH 45 DEGREES, 58 MINUTES 08 SECONDS WEST ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF CRYSTAL LAKE ROAD, 160.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 45 DEGREES, 58 MINUTES, 08 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 160.0 FEET; THENCE NORTH 41 DEGREES, 08 MINUTES, 53 SECONDS WEST ALONG THE SOUTHWESTERLY LINE DESCRIBED IN DOCUMENT NO. 230504, 190.00 FEET; THENCE CONTINUING NORTH 41 DEGREES, 08 MINUTES, 53 SECONDS WEST ALONG THE SOUTHWESTERLY LINE DESCRIBED IN DOCUMENT N0. 425590, FOR A DISTANCE OF 298.10 FEET; THENCE NORTH 15 DEGREES, 43 MINUTES 00 SECONDS EAST ALONG THE WESTERLY LINE DESCRIBED IN DOCUMENT NO. 425590, FOR A DISTANCE OF 90.70 FEET; THENCE SOUTH 74 DEGREES, 17 MINUTES 00 SECONDS EAST ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 5 IN SAID HANLEY'S FIRST ADDITION TO THE CITY OF MCHENRY, 330.15 FEET TO THE SOUTHEASTERLY CORNER OF LOT 4 IN SAID HANLEY'S FIRST ADDITION TO THE CITY OF MCHENRY; THENCE SOUTH 33 DEGREES, 47 MINUTES, 51 SECONDS WEST, 111.84 FEET; THENCE SOUTH 44 DEGREES, 03 MINUTES, 57 SECONDS EAST ALONG THE NORTHEASTERLY LINE DESCRIBED IN DOCUMENT NO. 230504, FOR A DISTANCE OF 224.40 FEET TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. 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