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HomeMy WebLinkAboutOrdinances - O-96-812 - 12/04/1996 - GRANT ZONING AND CUP ADAMS 3007-3009 W RTE 120RICHARD & RITA ADAMS, ) PETITIONERS, ) REGARDING ) 3007 - 3009 WEST ROUTE 120 ) McHENRY, ILLINOIS 60050 ) ORDINANCE NO. 09 6 - 812 ZONING FILE NO. Z-421 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS BY GRANTING A RECLASSIFICATION AND CONDITIONAL USE THEREON WHEREAS, a written Petition signed by Richard and Rita Adams has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from I-1 Industrial Zoning District to C-5 Highway Commercial District; 2. conditional use permit to allow the following uses on the subject premises: open sales lot and an automobile service and repair facility; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3007-3009 West Route 120, McHenry, Illinois, and legally described on Exhibit A attached hereto (the "Subject Property"); and WHEREAS, Richard and Rita Adams are also the owners of the adjacent property and east of the Subject Property, described as follows: Lot 5 in Chicago Road Subdivision, being a subdivision of the Southwest Quarter of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof Recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, Page 115, in McHenry County, Illinois. Property Index Number: 09-25-355-005, commonly known as 3011 West Route 120 ("Adjacent Property"); and WHEREAS, Richard and Rita Adams desire to utilize the Subject Property as an open sales lot restricted to items being offered for sale on the Subject Property which are of the same type as those being offered for sale at the same time on the Adjacent Property; and WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals on November 11, 1996, 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 vote three in favor and two against the zoning reclassification and conditional use permit as requested; and WHEREAS, after review of the Zoning Board of Appeals report of the proceedings, 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 3007-3009 West Route 12:0, McHenry, Illinois 60050, and legally described in Exhibit A: A. reclassification from I-1 Industrial Zoning District to C-5 Highway Commercial District; B. conditional use permit to allow the following uses on the subject premises: open sales lot and an automobile service and repair facility. 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. 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 City Council finds that in granting the Conditional Use Permit the following restrictions shall apply: The open sales lot use granted herein shall be restricted to the offering for sale of the same type of personal property being contemporaneously offered for sale as a principal use on the Adjacent Property. 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 6: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. 3 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 4 th day of December , 1996. AYES: Bolger, Locke, Bates, Lawson, Baird. NAYS: None . ABSTAINED: None. ABSENT: None. NOT VOTING: None. Approved this 4 th day of December ATTEST: / 1 CITY CLERK 1996. Y MAYOR EXHIBIT "A" Lots 6 and 7 (except that part of the land deeded to the People of the State of Illinois, Department of Transportation, by Document No. 91R047982) in Chicago Road Subdivision, being a Subdivision of the Southwest Quarter of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, Page 115, in McHenry County, Illinois.