HomeMy WebLinkAboutOrdinances - O-94-672 - 10/19/1994 - GRANT CUP AND VARIANCE MERLIN CORP FRONT AND ELMSTATE BANK OF WOODSTOCK,
TRUST 4820, DATED JANUARY 4,
1991, ELM STREET PARTNERSHIP,
MERLIN CORPORATION, AN
ILLINOIS CORPORATION, AND
OIL X-CHANGE, INC., AN ILLINOIS
CORPORATION ON ELM STREET
NEAR THE INTERSECTION OF ELM
AND FRONT, MCHENRY, ILLINOIS
ORDINANCE NO, 0- 94-.67 2
ZONING FILE NO. Z- 383
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF MCHENRY, ILLINOIS BY GRANTING A,
CONDITIONAL USE PERMIT AND VARIATION THEREON
WHEREAS, as a written Petition signed by STATE BANK OF WOODSTOCK
TRUST 4820, dated January 4, 1991, ELM STREET PARTNERSHIP, MERLIN
CORPORATION an Illinois corporation and OIL X-CHANGE, an Illinois corporation has
been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a
conditional use permit and variation under the provisions of the Zoning Ordinance of the City
of McHenry, as amended, concerning the following described premises:
LOT 14 OF THE COUNTY CIJUWS PLAT OF THE SOUTH HALF OF SECTION 26, TOWNSHIP 45
NORTH, RANGE 8 EAST OF THE THIRD PgrcPAL MERIDIAN, AOOORDINC' To THE PLAT 'ITIFR 3w
RECORDED MAY 6, 1902 AS DOCUMENT No. 14084 IN BOOK 2 OF PLATS, PAGE 38 (EXCEPT
ALL THAT PART OF THE ABOVE DESCROD TRACr OF LAND LYING SOUTHERLY OF A LAVE DRAWN
PAR rA I a. wmi AND 37.0 FFLr NORMAII.Y DErANT NORTHERLY OF THE cagm IINE OF F. A.
ROUTE 21(IuiNoLs ROUTE 120) coNvEYED TO THE STATE OF njiNols BY THE LASAL T E
NATIONAL BANK, TRUSTEE, UNDER TRUST AGRE vun u DATED MAY 8, 1967 AND KNOWN AS
TRUST 36470, IN DEED RECORDED FEBRUARY 16, 1973 As Doc[ mENr No. 586977). ALSO;
LOTS 15 AND 16 OF THE COUNTY CLERK'S PLAT OF THE SOUTH HALF OF SECTION 26,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED MAY 6, 1902 IN BOOK 2 OF PLATS, PAGE 38, EXCEPTING
THEREIROM THE PART THEREOF CONVEYED BY AIBFRT S. PARKS TO NKmLAs J. JLmEN BY
WARRANTY DEED DATED MARCH 8, 1923 AND RECORDED IN BOOK 167 OF DEEDS, PAGE
23, Am EXCEPTING PARTS OF SAID TRACT CONVEYED BY A.S. PARKS TO THE VRIAGE OF
MCHENRY FOR A PUBLIC HIGHWAY; ALSO EXCEPTING THAT PART CONVEYED FOR HIGHWAY
PURPOSES BY WARRANTY DEED RECORDED FEBRUARY 16,1973 As DOCUMENT No.
586979, ALSO EXCEPTING THEREFROM THAT PART CONVEYED BY BETTY K. CLARK TO
MCHENRY STATE BANK RECORDED TUNE 4, 1979 As DOCUMENT No. 769614, ALSO
EXCEPTING THAT PART CONVEYED BY LIND A. KIDD TO MCHENRY STATE BANK RFcoRDED
OCTOBER 16, 1979 As DocumENT NO. 781899, Am EXCEPTING THAT PART CONVEYED BY
THE STATE BANK OF WooDsro( C To I)EmI m R St = AND DoNAm R RoBans, RECORDED
OCTOBER 15, 1991 As DOCUMENT No. 91R044292, IN MCHENRY COUNTY, Ir"jNois.
Property Index Numbers: 09-26-351-017, 09-26-351-018 and 09-26-351-005
WHEREAS, said Petitioners are requesting a conditional use permit to allow
construction and operation of an automotive repair facility containing two businesses within
one building including a muffler shop and oil change shop; and
WHEREAS, said Petitioners are requesting a frontage variation from 200 feet to
190.04 feet to accommodate the dimensions of the existing property and permit the
construction of a building to house the aforedescribed uses on property;
WHEREAS, a hearing was held before the City of McHenry Zoning Board of
Appeals on September 12, 1994, at which time the Zoning Board of Appeals did take
evidence and view exhibits presented thereat by the Petitioners; and
WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that
there was no overriding reason for not granting the requested zoning variation and
conditional use permit; and
WHEREAS, the Zoning Board of Appeals found, and the City Council concurs in that
finding, that it would service the interest of the City if the conditional use permit was
granted, in that:
1) It will not adversely affect the traffic in the area;
2) It will not detrimentally affect the environment;
3) It is consistent with the character of the neighborhood;
4) It does not disproportionately affect existing services and facilities in the area;
5) It will not detrimentally affect the heath and safety of the community; and
6) The proposed use is in harmony with all other elements of compatibility
pertinent to the conditional use and its particular location.
WHEREAS, the Zoning Board of Appeals also found, and the City Council concurs
in that finding, that it would service the interest of the City if the variation was granted to
allow a frontage variation concurrent with the granting of the conditional use permit in that:
1) The property meets the criteria of special circumstances not found elsewhere;
2) The circumstances relate to this property only;
3) This variation does not result from the applicants action;
4) That strict application of the provisions of the ordinance would create a
hardship;
5) It preserves the right conferred by the C-5 zoning district;
6) It is necessary for the use of the use of the property;
7) it does not alter local character of the area;
8) It is consistent with the ordinance and plan; and
9) The variation is limited in its application to the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, Illinois as follows:
SECTION 1: That a Conditional Use Permit be granted on the foregoing legally
described property commonly known as 3918 and 3926 Elm Street, to permit the construction
and operation of two automotive repair facilities within one building including a muffler shop
and oil exchange facility with a variation of the frontage allowed therefor from 200 feet to
190.04 feet, but that, even with these variations and conditional use, the subject property
owner(s) will still be required to comply with all requirements as to new construction.
SECTION 2: The Conditional Use Permit shall be predicated on the following
recommendations:
1. There shall be no outdoor overnight parking of vehicles on the
premises.
2. Concrete curbing shall be used on the perimeter of the parking areas.
3. There shall be no outside storage on the premises with the exception
of the typical refuse disposal area which shall be screened from view.
4. Landscaping and signage shall be approved by the building and zoning
department.
SECTION 3: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, are hereby repealed to the extent of such conflict.
SECTION 4: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
0
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 THIS19thday of October , 1994.
AYES: Bolger. Locke. Bates Lawson. Baird
NAYS:
ABSENT:
None
None
NOT VOTING: None
Approved this 19th day of October , 1994.
Mayor
Attest:
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City C erk