HomeMy WebLinkAboutOrdinances - O-98-855 - 01/14/1998 - GRANT CUP 4611 W ELM ST CHARLES AND ANDREA FOSTERORDINANCE NO. 0-98-855
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR AN OPEN SALES LOT FOR PLAYGROUND EQUIPMENT
AT 4611 WEST ELM STREET,
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, a petition has been filed with the City Clerk by Charles and Andrea
Foster (Rainbow Midwest, Inc.) requesting a Conditional Use Permit to allow the outdoor
display and sale of children's playground equipment at 4611 West Elm Street; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on December 1, 1997, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council the granting of the requested Conditional Use Permit,
subject to certain conditions; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals 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 property commonly known as 4611 West Elm Street and
legally described below be granted a Conditional Use Permit to allow the outdoor display
and sale of children's playground equipment:
LEGAL DESCRIPTION:
LOTS 7, 8 AND 9 IN BLOCK 3 IN LAKELAND SHORES UNIT NO. 3, BEING A
SUBDIVISION OF PART OF THE NORTH HALF OF THE SOUTHWEST
QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF
STATE ROUTE 120, ACCORDING TO THE PLAT THEREOF RECORDED
APRIL 25, 1958 AS DOCUMENT NO. 337444, IN BOOK 13 OF PLATS, PAGE
55, AND AS AMENDED BY CERTIFICATE OF CORRECTION RECORDED
MAY 9, 1958 AS DOCUMENT NO. 338057, IN MCHENRY COUNTY, ILLINOIS.
SECTION 2: That the approval of this Conditional Use Permit is subject to the
following conditions:
1. The outdoor sales and display areas shall be permitted only in the locations as
depicted in the site plan attached to this ordinance as Exhibit A.
2. The outdoor display areas shall be enclosed with wrought iron or similar type
fencing on the front, and solid wood type fencing on the side and rear; and
3. The outdoor display area at the north edge of the property along Route 120
shall contain no more than one piece of playground equipment and shall be
landscaped; and
4. There shall be no outdoor storage of materials other than assembled
playground equipment; and
5. The parking area shall be stfiped in compliance with City Code.
SECTION 3: In granting said Conditional Use Permit, the City Council finds that it
will be compatible with existing uses in the area, and with the Permitted Uses in the
zoning district, in the following ways:
1. Traffic
Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
2. Environmental Nuisance
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. Neighborhood Character
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. Public Services and Facilities
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. Public Safety and Health
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. Other Factors "
The proposed use is in harmony with all other elements of compatibility pertinent
to the conditional 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, McHenry County,
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.
PASSED THIS 14th DAY OF January , 1998.
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
Bolger, Murgatrovd, Cuda.
McClatchey, Baird.
None.
None.
14th DAY OF January , 1998.
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