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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