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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. OWTWON-i� �WompErmsI�