HomeMy WebLinkAboutOrdinances - O-90-567 - 10/03/1990 - GRANT CUP MOBIL CL RD AND BULL VALLEY RD AND VARIA��u61L C (L oo C2YSrr,- L l-�<e -f--ffL1LL U0}U4:y (�ts.
0-00-567
AN ORDINANCE PROVIDING FOR THE AMENDMENT
OF THE ZONING ORDINANCE OF THE CITY OF
McHENRY, McHENRY COUNTY, ILLINOIS
WHEREAS, Petitioner, THE McHENRY STATE BANK, as Trustee under the
provisions of a Trust Agreement dated August 1, 1988 and known as Trust No.
4438, record title owner, filed a Petition with the Zoning Board of Appeals of
the City of McHenry, Illinois, requesting an amendment to the Zoning Ordinance
of the City of McHenry in regard to the property more fully described in
Exhibit "A", attached hereto and made a part hereof.
AND, WHEREAS, pursuant to notice, a hearing was held before the
Zoning Board of Appeals of the City of McHenry, Illinois, in regard to the
contents of the Petition, and evidence was introduced by the Petitioner at
such hearing in support of its Petition;
AND, WHEREAS, the City Council of the City of McHenry, Illinois,
has fully considered the merits of the Petition and the evidence presented to
the Zoning Board of Appeals of the City of McHenry, including all exhibits
containing plans and specifications for the proposed use;
AND, WHEREAS, the City Council of the City of McHenry makes the
following findings of fact relative to the Petitioner's request for
Conditional Use Permit for the operation of an automobile service station:
1. That any adverse impact of types or volumes of traffic flow
not otherwise typical in the zoning district will be minimal.
2. That 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 characteristic of permitted uses
in the zoning district, will be appropriately controlled.
3. That 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. That 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
dispooportionate demand for new services or facilities, in such a
way as to place undue burdens upon existing development in the
area.
5. That 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. That the proposed use is in harmony with any other elements of
compatibility pertinent in the judgment of the council to the
particular Conditional Use or its particular location.
AND, WHEREAS, the City Council of the City of McHenry has
determined that the automobile laundry to be erected on a portion of Tract One
is an accessory use or building and, therefore, no variance of the terms of
the Zoning Ordinance of the City of McHenry is deemed necessary for the
construction of a second building on a portion of Tract One as depicted on
Exhibit "A".
AND, WHEREAS, the City Council of the City of McHenry makes the
following findings of fact relative to the Petitioner's request for a variance
of Article III, Paragraph I of the Zoning Ordinance of the City of McHenry
relative to the location of an automobile service station within 600 feet of
another automobile service station:
1. That special circumstances exist that are peculiar to the
property that do not apply generally to other properties in the
same zoning district. Said circumstances are not of as general or
recurrent a nature as to make it reasonably practical to provide a
general regulation to cover them. The aforesaid circumstances
relate only to the physical character of the subject property.
Such special circumstances include the traffic flow on the roads
fronting the subject property, the nature of the surrounding
developments to the subject property, and the fact that the
intersection in question can accomodate two automobile service
stations.
2. The aforesaid special circumstances have not resulted from any
act of the Petitioner or of any other party with interest in the
subject property.
3. The strict application of the provisions of the Zoning
Ordinance would result in unnecessary and undue hardship upon
Petitioner, as distinguished from mere inconvenience.
4. The requested variance is necessary to preserve and enjoy a
substantial property right possessed by other properties in the
same zoning district and does not confer a special privilege
ordinarily denied to other properties in the district.
5. The granting of the requested variance is necessary because
without same, the Petitioner will be deprived of a reasonable use
and enjoyment of the property.
6. The granting of said variance will not alter the essential
character of the locality nor substantially impair environmental
quality, property values, or public safety or welfare in the
vicinity.
7. The granting of said variance will be in harmony with the
general purpose and intent of the Zoning Ordinance and of the
Comprehensive Plan of the City of McHenry, as viewed in light of
any changed conditions since their adoption.
8. The variance requested is the minimum required to provide the
Petitioner with reasonable use and enjoyment of its property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the Zoning Ordinance of the City of McHenry,
McHenry County, Illinois, and such Ordinance as amended, be and is hereby
amended so as to rezone and reclassify the property into two tracts being
Tract One and Tract Two as depicted on Exhibit "A" attached hereto and made a
part hereof as follows:
TRACT ONE: From "A-1" Agricultural District under the McHenry
County Zoning Ordinance to "C-1" Convenience Commercial District
under the City of McHenry Zoning Ordinance with a Conditional Use
to permit operation of a petroleum dispensing station and
convenience store with a car wash (auto laundry) to be operated as
an accessory building subject, however, to the hours of operation
of the automatic car wash facility being limited to the hours
between 7:00 A.M. and 9:00 P.M. Monday through Saturday and
between 8:00 A.M. and 6:00 P.M. on Sunday. Furthermore, the
automobile laundry shall not operate unless the doors are closed.
TRACT TWO: From "A-1" Agricultural District under the McHenry
County Zoning Ordinance to "C-l" Convenience Commercial District
under the City of McHenry Zoning Ordinance.
SECTION 2: The request of Petitioner for a variance of the terms
of Article III, Paragraph I of the Zoning Ordinance of the City of McHenry,
relative to the location of an automobile service station within 600 feet of
another automobile service station, is hereby granted.
SECTION 3: This Ordinance shall be in full force and effect from
and after its passage as provided by law.
PASSED THIS 3rd day of October , 1990.
AYES: Bolger, Smith, McClatchey, Patterson, Serritella
NAYES: Lieder, Teta
ABSTAINING: Donahue
ABSENT: None
NOT VOTING: None
APPROVED this 3rd day of October , 1990.
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MAYOR, City •.McHenry, Illinois
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ATTEST:
CITY CLERK, City of AcHen , Illinois