HomeMy WebLinkAboutOrdinances - 24-37 - 08/05/2024 - 3111 W Route 120 CUP CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 24-37
ORDINANCE GRANTING A ZONING VARIANCE AND CONDITIONAL USE
PERMIT TO ALLOW AN OPEN SALES LOT IN CONJUNCTION WITH
AUTOMOTIVE AND RECREATIONAL VEHICLES SALES AT 3ll1 IL-120
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
August 5, 2024
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 6th Day of August 2024
ORDINANCE NO 24-37
ORDINANCE GRANTING A ZONING VARIANCE AND CONDITIONAL USE PERMIT TO ALLOW AN
OPEN SALES LOT IN CONJUNCTION WITH AUTOMOTIVE AND RECREATIONAL VEHICLES SALES
AT 3111 I L-120
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 Lazychimp.com Inc., ("Applicant"), requesting
approval of a variance and conditional use permit for an open sales lot in conjunction with
automobile and recreational vehicle sales at the property commonly known as 3111 IL-120,
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 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 and Zoning Variance (7-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 and Recreational
Vehicle 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 Zoning
Variance to allow a Corner Side Yard Setback of 19.3 feet in lieu of the minimum required 30 feet
to accommodate the existing principal structure.
SECTION 4: In granting said Zoning Variance, 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 5: 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 6: 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 August, 2024.
Ayes Nays Absent Abstain
Alderwoman Bassi x
Alderman Davis x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
.
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Wayne ett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
Legal Description
LOT 5 (EXCEPTING THAT PART THEREOF LYING WITHIN THE RIGHT OF WAY OF THE PUBLIC HIGHWAY
KNOWN AS STATE ROUTE 120); ALSO (EXCEPTING THAT PART DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHWEST CORNER OF SAID LOT 5;THENCE ON AN ASSUMED BEARING OF SOUTH 00 DEGREES,
13 MINUTES, 15 SECONDS WEST ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 3.25 FEET TO A
POINT IN THE EXISTING SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120 AS DEDICATED BY
INSTRUMENT RECORDED SEPTEMBER 13,1927 IN BOOK 12 OF MISCELLANEOUS RECORDS, PAGE 149, FOR
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES, 13 MINUTES, 15 SECONDS WEST
ALONG THE SAID WEST LINE OF LOT 5, A DISTANCE OF 15.73 FEET TO A POINT; THENCE SOUTH 86
DEGREES, 41 MINUTES, 30 SECONDS EAST, 66.10 FEET TO A POINT IN THE EAST LINE OF SAID LOT 5;
THENCE NORTH 00 DEGREES, 13 MINUTES, 15 SECONDS EAST ALONG THE SAID EAST LINE OF LOT 5, A
DISTANCE OF 15.18 FEET TO A POINT, 6.38 FEET SOUTHERLY OF THE NORTHEAST CORNER OF LOT 5 IN
SAID EXISTING SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 120,SAID POINT BEING ON A 2461.30
FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS SOUTH 02 DEGREES, 33 MINUTES,
09 SECONDS WEST FROM SAID POINT; THENCE NORTHWESTERLY ALONG SAID CURVE, 66.11 FEET,
CENTRAL ANGLE 01 DEGREES, 32 MINUTES, 20 SECONDS ALONG THE SAID EXISTING SOUTHERLY RIGHT
OF WAY LINE OF ILLINOIS ROUTE 120 TO THE POINT OF BEGINNING), ALSO
THE NORTH 42 FEET OF LOT 8,ALSO, LOT 6 (EXCEPTING THAT PART DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6;THENCE ON AN ASSUMED BEARING OF SOUTH
00 DEGREES,13 MINUTES, 15 SECONDS WESTALONG THE WEST LINE OF SAID LOT 6,A DISTANCE OF 31.40
FEET TO A POINT; THENCE NORTH 45 DEGREES, 45 MINUTES, 53 SECONDS EAST, 21.01 FEET; THENCE
SOUTH 88 DEGREES, 41 MINUTES, 30 SECONDS EAST, 51.10 FEET TO A POINT IN THE EAST LINE OF SAID
LOT 6;THENCE NORTH 00 DEGREES, 13 MINUTES, 15 SECONDS EAST ALONG THE SAID EAST LINE OF LOT
6, A DISTANCE OF 18.98 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE SOUTH 89 DEGREES,
04 MINUTES, 25 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 6, A DISTANCE OF 66.10 FEET
(RECORDED 66.00 FEET),TO THE POINT OF BEGINNING); AL50
THE NORTH 42 FEET OF LOT 7, ALL IN BLOCK 10 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.
PROPERTY ADDRESS: 3111 W IL-120, MCHENRY, IL 60050
PIN:09-26-482-020 AND 09-26-482-021