Loading...
HomeMy WebLinkAboutOrdinances - 20-35 - 09/08/2020 - CUP at 1302 Borden St CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-35 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN CONJUNCTION WITH A TOWING BUSINESS FOR THE PROPERTY LOCATED AT 1302 BORDEN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois September 8, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 9th day of September, 2020. ORDINANCE NO 20-35 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE IN CONJUNCTION WITH A TOWING BUSINESS FOR THE PROPERTY LOCATED AT 1302 BORDEN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Krzysztof Lenart of 1524 River Terrace Drive, Johnsburg, IL 60051 ("PROPERTY OWNER") requesting approval of a conditional use permit to allow outdoor storage in conjunction with a towing business for the property located at 1302 Borden Street and legally described on Exhibit "A" attached hereto and incorporated herein,the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 19, 2020 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested conditional use permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested conditional use permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow outdoor storage in conjunction with a towing business subject to the following conditions: 1. All outdoor storage shall be screened from view by a 6-foot privacy fence, at minimum, or by a landscaped barrier that is approved by the Zoning Administrator; 2. The property owners shall maintain and replace any existing landscaped screening that is damaged or destroyed; 3. All outdoor storage shall be related to the site's existing business operations; 4. The outdoor storage area shall not be accessible to the general public; 5. The outdoor storage of bulk materials is prohibited unless enclosed within a storage container; 6. The outdoor storage area shall be maintained in a neat and orderly fashion; 7. All leaking vehicles shall be stored indoors or on a paved surface; 8. All repair work shall be conducted indoors; 9. All other federal, state, and local laws shall be met. SECTION 2: In granting said Conditional Use Permit, the City Council finds that the Approval Criteria for Conditional Uses listed in Section 11-15-5 of the City of McHenry Zoning Ordinance have been met: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. 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. 3. 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. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of 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. 5. 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. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: 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 8th day of September, 2020. Ayes Nays Absent Abstain Aldeiuian Devine X Alderman Glab A- Alderman Harding x Alderman Mihevc 4- Alderwoman Miller A- Alderman Santi X Alderman Schaefer A' 4/______!7 Wayne Jett, ayor Monte Johnson, eputy City Clerk Exhibit A Legal Description of the Subject Property THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26,TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE 2 RODS NORTH 11 DEGREES WEST FROM A STAKE IN THE CENTER OF WAUKENGAN RAOD, WHICH STAKE STANDS NORTH 74 % DEGREES WEST, 8.80 CHAINS FROM THE INTERSECTION OF THE CENTER LINE OF FRONT STREET IN WEST MCHENRY WITH THE CENTER LINE OF WAUKEGAN ROAD, BEING SOUTHWESTERLY CORNER OF A TRACT OF LAND CONVEYED BY CHARLES H. PARKS AND WIFE, TO CATHERINE WIRFS BY WARRANTY DEED RECORDED. AUGUST 2, 1893 IN BOOK 89 OF DEEDS, PAGE 408, AND RUNNING THENCE NORTH 74% DEGREES WEST ALONG THE NORTHERLY LINE OF WAUKEGAN ROAD, 16.5 FEET; THENCE NORTH 12 DEGREES 0 MINUTES WEST 166.27 FEET FOR A PLACE OF BEGINNING; THENCE CONTINUING NORTH 12 DEGREES 0 MINUTES WEST, 139.94 FEET; THENCE SOUTH 74 DEGREES 15 MINUTES EAST; 16.5 FEET TO THE NORTHWESTERLY CORNER OF SAID TRACT OF LAND CONVEYED TO CATHERINE WIRFS AFORESAID; THENCE NORTH 82 DEGREES 0 MINUTES EAST, 142.60 FEET; THENCE NORTH 90 DEGREES EAST, 72.60 FEET; THENCE SOUTH 0 DEGREES EAST, 19.8 FEET; THENCE WEST 71.30 FEET; THENCE SOUTH 4 DEGREES EAST, 146.27 FEET; THENCE NORTH 88 DEGREES 14 MINUTES WEST, 140.08 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.