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HomeMy WebLinkAboutOrdinances - O-96-762 - 01/31/1996 - GRANT RECLASS AND CUP O'HALLERAN 3014 W RTE 120FRED O'HALLERAN ) AND THE CITY OF MCHENRY ) REGARDING: 3014 W ROUTE 120 ) MCHENRY IL 60050 ) ORDINANCE NO 0-9 6-7 62 ZONING FILE NO Z--399(32) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING RECLASSIFICATION AND CONDITIONAL USE THEREON. Whereas, a written Petition signed by Fred O'Halleran and the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from E Estate Zoning District to C5 Highway Commercial District: 2. conditional use permit to allow the following uses on the subject premises: a. Outside storage: b. Vehicle repair and service; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3014 West Route 120, McHenry Illinois, and legally described on Exhibit A attached hereto; and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November 27, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the zoning reclassification and conditional use permit as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if said reclassification and conditional use permit were granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 3014 West Route 120, McHenry Illinois 60050, and legally described in Exhibit A: A. reclassification from E Estate Zoning District to C5 Highway Commercial District; B. conditional use permit to allow the following uses on the subject premises: 1. Outside storage; 2. Vehicle repair and service. Section 2: That the City Council finds that in granting the reclassification, the following criteria have been proved before this body: A. The proposed uses are compatible with existing uses or existing zoning of property in the environs. 399(32) page 2 B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. D. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Section 3. That the City Council finds in granting the conditional use permit, the following criteria have been proved before this body: A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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, have been appropriately controlled. C. 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. D. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected or permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. E. 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. F. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Section 4: That the Conditional Use be granted subject to the following conditions: A. Outside storage of vehicles shall be restricted to the northeast corner behind the building on the subject premises; B. Overnight outside storage of vehicles shall be restricted to a maximum of two vehicles at any time on the subject premises, C. The duration of the conditional use permit shall be concurrent with the tenancy of Bull's eye Windshield Repair. Section 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. • 399(32) page 3 Section : This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Section 7: 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 31st day of January , 1996. AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: None ABSTAINED: Non ABSENT: NOT VOTING: None Approved this 31 s t day of January 1996- MAYOR ATTEST: CITY CLERK b' dALLEeAiQ EXHtP�cr— LEGAL DESCRIPTION (LD: c632): Lot 8 (except that part described as follows: Beginning at the Southwest corner of Lot 8 thence on an assumed bearing of North 14 degrees 09 minutes 07 seconds East along the West line thereof 15.33 feet to a point on a curve having a radius of 2,529.12 feet and being concentric with the centerline of Illinois Route 120, the center of circle of said curve bears South 12 degrees 57 minutes 19 seconds West from said point; thence Southeasterly 66.63 feet along said curve having a central angle of 1 degree 30 minutes 34 seconds to a point on the East line of Lot 8; thence South 14 degrees 09 minutes 07 seconds West along said East line 15.84 feet to the Southeast corner of Lot 8; thence North 75 degrees 50 minutes 53 seconds West along the South line of Lot 8 a distance of 66.62 feet to the point of beginning) in Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 16, 1923 as Document No. 60164, in Book 4 of Plats, page 99, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-353-017 STREET ADDRESS: 3014 Route 120 McHenry, IL 60050 , -- .nr%. U.--A r_ 01 RA 1 1 gran .