HomeMy WebLinkAboutOrdinances - 24-17 - 05/06/2024 - 4719 Elm St CUP & Variance CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 24-17
ORDINANCE GRANTING A VARIANCE AND CONDITIONAL USE PERMIT
TO ALLOW AN OPEN SALES LOT IN CONJUNCTION WITH AUTOMOTIVE
SALES AT 4719 W ELM STREET
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
May 6, 2024
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 7th day of May 2024
ORDINANCE NO 24-17
ORDINANCE GRANTING A VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW AN OPEN
SALES LOT IN CONIUNCTION WITH AUTOMOTIVE SALES AT 4719 W ELM STREET
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 Tomasz Lemiszka, ("Applicant"), requesting
approval of a variance and conditional use permit for an open sales lot in conjunction with
automotive sales at the property commonly known as 4719 W. Elm Street, 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 April 17, 2024 in the manner prescribed by ordinance and statute, and as a result
of said hearing, the Planning and Zoning Commission recommended to the City Council the
granting of the requested Conditional Use Permit (6-aye; 0-nay; 0-abstain); 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 approval of a Conditional
Use Permit to operate an Open Sales Lot in conjunction with Automotive Sales subject to the
following condition(s):
1. The Property Owner shall maintain the display area in a neat and orderly manner as
determined by the Zoning Administrator.
2. The display of motor vehicles shall be kept on a grass-free and paved asphalt or concrete
surface.
3. The display of motor vehicles shall be prohibited in the Right-of-Way.
4. The Property Owner shall submit a landscape plan in conformance with the City of
McHenry Landscape Ordinance as determined by the Zoning Administrator.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
approval criteria for Conditional Use Permits listed in §11-15-5 of the City of McHenry Zoning
Ordinance have been met.
SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of a Variance from
the City's Fence Regulations to allow a 0' front yard setback in lieu of the required 30 feet to
accommodate the construction of a wrought iron in appearance, aluminum, picket fence.
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 6th day of May, 2024.
Ayes Nays Absent Abstain
Alderwoman Bassi x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller X
Alderman Santi x
/r �
Wayne Jett, Mayor Tri a Rame , City Cle k
EXHIBIT A
Legal Description
LOT 18 IN BLOCK 2 IN LAKELAND SHORES UNIT 3, BEING A SUBDIVISION OF PART OF THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE CENTERLINE OF STATE ROUTE 120,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 25, 1958 AS DOCUMENT 237444, IN BOOK
13 OF PLATS, PAGE 55, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED MAY 9,
1958 AS DOCUMENT 338057, IN MCHENRY COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT
PART DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 18; THENCE ON AN ASSUMED
BEARING OF SOUTH 74 DEGREES 52 MINUTES 04 SECONDS EAST ALONG THE NORTHERLY LINE
OF SAID LOT 18,A DISTANCE OF 50.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
SOUTH 74 DEGREES 52 MINUTES 04 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT
18, A DISTANCE OF 29.21 FEET; THENCE SOUTHEASTERLY 31.42 FEET ALONG THE
NORTHEASTERLY LINE OF SAID LOT 18 ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00
FEET, THE CHORD OF SAID CURVE BEARS SOUTH 29 DEGREES 52 MINUTES 00 SECONDS EAST,
28.28 FEET TO THE EASTERLY LINE OF SAID LOT 18; THENCE SOUTH 15 DEGREES 08 MINUTES 03
SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT 18, A DISTANCE OF 62.02 FEET;THENCE
NORTH 15 DEGREES 49 MINUTES 48 SECONDS WEST, A DISTANCE OF 95.65 FEET TO THE POINT
OF BEGINNING.
PIN: 09-27-303-040