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HomeMy WebLinkAboutOrdinances - O-96-771 - 02/07/1996 - GRANT RECLASS AND CUP ROSE AUTO SALES 2500 RTE 120NORMAN V ROSE JR ) ROSE AUTO SALES ) AND THE CITY OF MCHENRY ) REGARDING: 2500 W ROUTE 120 ) MCHENRY IL 60050 ) ORDINANCE NO 0-96-771 ZONING FILE NO Z-399(34) 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 Norman V Rose Jr 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. automobile body shop; b. motor vehicles, trailer, and mobile home repair/services; c. outside storage; d. open sales lot. under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 2500 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 6, 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 2500 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. automobile body shop; 2. motor vehicles, trailer, and mobile home repair/services; 3. outside storage; 4. open sales lot. 399(34) Page 2 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. 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 in granting said conditional use permit the following restrictions are hereby placed upon the subject property: A. The outside storage be limited to boats, recreational vehicles, trailers, motorcycles, snowmobiles and tires. B. The outside storage be limited to the area behind the front building line. Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. 399(34) 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 7th day of Fehniar= , 1996. AYES: Bolqer, Locke, Bates, Lawson, Baird NAYS: ABSTAINED: ABSENT: NOT VOTING: Approved this 7th day of February , 1996. MAYOR ATTEST: CITY CLERK NS6 '47-0 54C'---_S C,,vq / & / r A LEGAL DESCRIPTION (LD: N/A): The West 150 feet of the followina described tract of land located in the Southeast Quarter of Section 25 and the Northeast one fifth of Section 36, Township 45 North, Range 8 East of the Third Principal Meridian, described as; follows: Commencina_ at the Southwest corner of Lot 44 in Block 7 in Eastwood Manor Unit 2; being a Subdivision of part of the Southeast Quarter of Section 25, Township 45 North, Rance 8 East of the Third Principal Meridian, and part of the Northeast Quarter of Section 36, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 17, 1956 as Document No. 311472, in Book 12 of Plats, page 82, thence South along the East line of Hillside Lane, 350 feet to the center line of State Route 120; thence East along the center of said Highway, 900 feet, thence North parallel with the East line of Hillside Lane, 350 feet; to the South line of Block 7; thence West along the South line of said Block 7, 900 feet, to the place of beginning, (excepting and reserving therefrom the North 100 feet thereof, and except and reserving therefrom that part taken for Highway), excepting and reserving therefrom that part as condemned by the State of Illinois in Circuit Court Case No. 91-ED-5 and as described in a Lis Pendens Notice recorded as Document No. 91R 048840, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-36-200-012 STREET ADDRESS: 2500 W. DDute 120 McHenry, IL 60050 I Ni . .