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HomeMy WebLinkAboutOrdinances - O-96-778 - 02/07/1996 - GRANT RECLASS AND CUP RODGERS 3107 LAKE STMcHenry State Bank, Trust #12971 FRANK AND CATHERINE RODGERS REGARDING: 3107 W LAKE ST MCHENRY IL 60050 ORDINANCE NO 0-96-778 ZONING FILE NO Z-399(46) 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 Catherine Rodgers has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: reclassification from E Estate Zoning District to C5 Highway Commercial District; conditional use permit to allow the following uses on the subject premises: a. motor vehicle repair; b. outside storage of vehicles and waste oil; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3107 West Lake Street, 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 3107 West Lake Street, McHenry Illinois 60050, and Wally 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. motor vehicle repair; 2. outside storage of vehicles and waste oil. 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(46) 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: The granting of the conditional use permit shall be subject to the following restrictions: A. The Petitioners shall be required to comply with all IEPA requirements as to storage of waste oil on the subject premises within six (6) months of the date of approval of the conditional use by the City Council. 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(46) 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 February , 1996. AYES: Bolaer, Locke, Bates, Lawson. Baird NAYS: ABSTAINED: None ABSENT: None NOT VOTING: None Approved this 7 th day of February 1996. 1" MAYOR ATTEST: CITY CLERK rev: January 10, 1996 PETITIONERS EXHIBIT A. LEGAL DESCRIPTION OF SUBJECT PROPERTY LOTS 3 AND 4 IN BLOCK 7 OF THE ORIGINAL PLAT OF HcHENRY. ON THE EAST SIDE OF FOX RIVER, ACCORDING TO THE PLAT OF HcHENRY RECORDED IN THE RECORDER'S OFFICE OF HcHENRY COUNTY. ILLINOIS. IN BOOR; B OF DEEDS, ON PAGE 160 SAID LOTS BEING LOCATED IN AND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 26 . IN TOWNSHIP 45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. AND SITUATE. LYING AND BEING IN THE COUNTY OF HcHENRY. IN THE STATE OF ILLINOIS.