HomeMy WebLinkAboutOrdinances - O-96-775 - 02/07/1996 - GRANT RECLASS USE VARIANCE AND CUP S&S PETROLEUMS & S PETROLEUM COMPANY )
C/O WM & PETER ANEST )
CLARK OIL COMPANY )
AND THE CITY OF MCHENRY )
REGARDING )
3111 W ELM STREET )
MCHENRY IL 60050 )
ORDINANCE NO 0-96-775
ZONING FILE NO Z-399(39)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION, USE VARIANCE AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed by S & S Petroleum, c/o William and Peter Anest (for Clark
Oil Company) and the City of McHenry has been filed with the City Clerk of the City of McHenry,
Illinois requesting the following zoning changes:
1. reclassification from E Estate Zoning district to C5 Highway Commercial
District;
2. use variance to permit the subject premises to be used as an automobile service
station located within 600 feet of another automobile service station;
3. conditional use permit to allow the operation of an automobile service station on
the subject premises;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 3111 West Elm Street, McHenry Illinois 60050, and legally described on Exhibit
A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on August
21, 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, use variance 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, use variance and conditional use permits
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 3111 West Elm Street and legally described in Exhibit A:
A. reclassification from E Estate Zoning district to C5 Highway Commercial
District;
B. use variance to permit the subject premises to be used as an automobile service
station within 600 feet of another automobile service station;
C. conditional use permit to allow the operation of an automobile service station on
the subject premises.
399(39)
page 2
Section 2: That the City Council finds in granting the reclassification, the following findings
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 use variance, the following findings have
been proved before this body:
A. The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structure, or the use of the land, would result in unnecessary and undue
hardship upon the applicant, as distinguished from mere inconvenience.
B. The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the Zoning Ordinance for the pertinent zoning
district.
C. Special circumstances exist that are peculiar to the property for which the Use Variance
is sought and they do not apply generally to other properties in the same zoning district.
D. The granting of the Use 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.
E. The granting of a Use Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City.
Section 4: That the City Council finds in granting the conditional use permit, the following
findings 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.
399(39)
page 3
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 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
are hereby repealed to the extent of such conflict.
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 7 th day of Febm a r , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: ,,,ene
ABSENT: None
NOT VOTING: None
Approved this 7 th day of Febru i 1996.
MAYOR
ATTEST:
CITY CLERK
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LEGAL DESCRIPTION (LD: m2664)
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 Southeast.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 West
along 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); ALSO 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.
PERMANENT INDEX NO(S).: 09-26-482-020 and 09-26-482-021
STREET ADDRESS: 3111 W. Route 120 McHenry, IL 60050