HomeMy WebLinkAboutOrdinances - O-96-794 - 07/10/1996 - GRANT CUP AND VARIANCES FERNSTROM 4904 W ELM STCHARLES FERNSTROM AND NANCY )
FERNSTROM ON ELM STREET NEAR THE )
INTERSECTION OF ROUTE 120 AND ) ORDINANCE NO. 0-96--794
MEADOW LANE, MCHENRY, ILLINOIS ) ZONING FILE NO, Z-410
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
CONDITIONAL USE PERMIT AND VARIATIONS THEREON
WHEREAS, a written Petition signed by Chuck Fernstrom and Nancy Fernstrom have
been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a
conditional use permit and variation under the provisions of the Zoning Ordinance of the City
of McHenry, as amended, concerning the following described premises:
LOT 13 IN BLOCK 21 IN LAKELAND PARK, UNIT 2, A SUBDIVISION OF PART OF THE
N MMr ST QUARTER AND PART OF THE SOUTHWEST QUARTER OF SECTION 27, TbWNSHIP 45
NbRIH, RANGE 8 EAsr OF THE MmD Wr4crAL NVfaumN, Ac00RDm To THE PLAT T imt
RECORDED DECEmER 12, 1952 As DOCUMENT No. 260030, IN BOOK 11 OF PLATS, PAGES
66, IN MCHENRY COUNTY, ILLINOIS.
Property Index Numbers: 09-27-302-006, commonly known as 4904 Elm Street,
McHenry
WHEREAS, said Petitioners are requesting a conditional use permit to allow the
construction and operation of a two bay oil exchange facility on the Subject Property; and
WHEREAS, said Petitioners also request variations as to the following:
1. A lot width of 60 feet to accommodate the dimension of the existing property;
2. Side yard setbacks along the west lot line of the Subject Property from ten (10)
feet to zero (0) feet; and
WHEREAS, a hearing was held before the City of McHenry Zoning Board of
Appeals on June 24, 1996, at which time the Zoning Board of Appeals did take evidence and
view exhibits presented thereat by the Petitioners; and
WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that
there was no overriding reason for not granting the requested conditional use permit; and
WHEREAS, the Zoning Board of Appeals found, and the City Council concurs in that
finding, that it would serve the interest of the City if the conditional use permit was granted,
in that:
1) It will not adversely affect the traffic in the area;
2) It will not detrimentally affect the environment;
3) It is consistent with the character of the neighborhood;
4) It does not disproportionately affect existing services and facilities in the area;
5) It will not detrimentally affect the heath and safety of the community; and
6) The proposed use is in harmony with all other elements of compatibility
pertinent to the conditional use and its particular location.
WHEREAS, the Zoning Board of Appeals also found, and the City Council concurs
in that finding, that it would serve the interest of the City if the variation was granted to
allow a lot width of 60 feet and a west sideyard setback of zero feet in that:
1) The property meets the criteria of special circumstances not found elsewhere;
2) The circumstances relate to this property only;
3) This variation does not result from the applicants action;
4) That strict application of the provisions of the ordinance would create a
hardship;
5) It preserves the right conferred by the C-5 zoning district;
6) It is necessary for the use of the use of the property;
7) it does not alter local character of the area;
8) It is consistent with the ordinance and plan; and
9) The variation is limited in its application to the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, Illinois as follows:
SECTION 1: That a Conditional Use Permit be granted on the foregoing legally
described property commonly known as 4904 Elm Street, to permit the construction and
operation of a two bay oil exchange facility on the property.
SECTION 2: That the approval criteria for a conditonal use have been met in that
a) It will not adversely affect the traffic in the area;
b) It will not detrimentally affect the environment;
c) It is consistent with the character of the neighborhood;
d) It does not disproportionately affect existing services and facilities in the area;
e) It will not detrimentally affect the heath and safety of the community; and
f) The proposed use is in harmony with all other elements of compatibility
pertinent to the conditional use and its particular location.
SECTION 3: That variations be granted to the foregoing legally described proeprty
to allow:
a) a lot width of 60 feet; and
b) west side yard setbacks of zero (0) feet.
SECTION 4: That the approval criteria for variations have been met in that
a) The property meets the criteria of special circumstances not found elsewhere;
b) The circumstances relate to this property only;
c) This variation does not result from the applicants action;
d) That strict application of the provisions of the ordinance would create a
hardship;
e) It preserves the right conferred by the C-5 zoning district;
f) It is necessary for the use of the use of the property;
g) it does not alter local character of the area;
h) It is consistent with the ordinance and plan; and
i) The variation is limited in its application to the subject property.
SECTION 5: The requested variation of the 200 foot frontage requirement to 60 feet
may not be required as same appears to be grandfathered under Section III Paragraph L of
the City of McHenry Zoning Ordinance.
SECTION 6. That, even with these variations and conditional use, the subject
property owner(s) will still be required to comply with all requirements as to new
construction.
SECTION 7: That, even with these variation and conditional use, the subject property
owners shall be required to
a) clearly mark the site to designate one-way vehicle traffic.
b) construct concrete barrier curbs around landscaped areas on site.
c) be prohibited from parking vehicles or trailers on the premises overnight..
d) provide full hydraulic hoists with above -ground oil tanks.
SECTION 8: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, are hereby repealed to the extent of such conflict.
SECTION 9: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 10: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 loth day of July, 1996.
AYES: Bolger, Locke Bates Lawson Baird
NAYS: None
ABSENT: Ngne
NOT VOTING: None
Approved this 10;Lh day of ju}„ , 1996.
Mayor
Attest:
Q�
City Clerk