HomeMy WebLinkAboutOrdinances - O-96-780 - 02/07/1996 - GRANT RECLASS AND CUP ADAMS 2600 W RTE 120RICHARD A. ADAMS and RITA A. )
ADAMS REGARDING: 2600 W. ) ORDINANCE NO. 0-96-780
ROUTE 120, McHENRY, ILLINOIS ) ZONING FILE NO. Z-39910
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 Richard A. Adams and
Rita A. Adams has been filed with the City Clerk of the City of
McHenry, Illinois requesting the following zoning change:
1. Reclassification of Parcel A from E-Estate to BP
District;
2. Reclassification of Parcel B from E-Estate Zoning
District to C5 Highway Commercial District.
3. Conditional Use Permit to allow the following uses on
Parcel B:
A. Outdoor Advertising Sign (one billboard);
B. Outside Storage;
C. Open Sales Lot
D. Automobile Service and Repair Facility;
E. Trailer Service and Repair Facility.
under the provisions of the Zoning Ordinance of the City of
McHenry, as amended, for the property commonly known as 2600 West
Route 120, McHenry, Illinois.
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on October 30, 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
did not make a recommendation to grant the zoning reclassification
and conditional use permit as requested; and,
WHEREAS, the City Council finds 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 2600 West Route 120, McHenry, Illinois 60050, and
legally described in Exhibit A:
1. Reclassification of Parcel A from E-Estate to BP
District.
2. Reclassification of Parcel B from E-Estate Zoning
District to C5 Highway Commercial District.
3. Conditional Use Permit to allow the following uses on
Parcel B:
A. Uses:
i.
Outdoor Advertising Sign (one billboard);
ii.
Outside Storage subject to the following
limitations:
a) Crane must be stored at height not to
exceed 12 feet when not in use;
b) The following items shall be removed from
Outside Storage by August 10, 1996:
1. Two (2) trucks with trees or
vegetation growing through them;
2. Construction Grader;
3. Bus Body;
4. Refrigerator or Ice Truck;
S. Tree stumps.
iii.
Open Sales Lot
iv.
Automobile Service and Repair Facility;
V.
Trailer Service and Repair Facility.
B. The Conditional Use Permit granted herein is
allowed on the condition that no permanent
buildings be constructed on Parcel A within 75 feet
of the easterly lot line of Parcel A lying north of
Parcel B.
SECTION 2: That the City Council finds that in granting the
reclassification, the following criteria has 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 applicants.
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 or 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
Condition Use and its particular location.
SECTION 4: All Ordinances, or parts thereof, in conflict with
the terms and provisions hereof, are hereby repealed to the extent
of such conflict.
SECTION 5: This Ordinance shall be published in pamphlet form
by and under the authority of the corporate authorities of the: City
of McHenry, Illinois.
SECTION 6: This Ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form as provided by law.
SECTION 7: Upon determination by a court of competent
jurisdiction that one or more of the clauses in this ordinance; is
found to be unenforceable, illegal or contrary to public policy,
the remainder of this ordinance shall be deemed to remain in full
force and effect.
Passed this 7th day of Feb -n wq ry , 1996.
AYES: Bolger, Locke, Lawson, Baird
NAYS: Bates
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED this 7th day of Fphniary 1996.
MAYOR
ATTEST:
CITY CLERK