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HomeMy WebLinkAboutOrdinances - O-98-892 - 11/04/1998 - GRANT CUP 3925 W ELM AND 1109 N FRONTORDINANCE NO. 0-98-892 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN OPEN SALES LOT FOR MOTOR VEHICLES AT 3925 W. ROUTE 120 AND 1109 N. FRONT STREET, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. WHEREAS, a petition has been filed with the City Clerk by Stephen E. Buss, individually and as a general partner of Buss Ford Sales, an Illinois Limited Partnership, requesting a Conditional Use Permit for an Open Sales Lot for motor vehicles at 3925 W. Route 120 and 1109 N. Front Street; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on August 17, 1998, 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; 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, as conditioned herein, 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 3925 W. Route 120 and 1109 N. Front Street and legally described on Exhibit A, attached hereto and made a part hereof, be granted a Conditional Use Permit for an Open Sales Lot for motor vehicles. SECTION 2: The approval of this Conditional Use Permit is subject to the following conditions: 1. Within twenty-four (24) months of the date of this ordinance, a privacy fence shall be installed along the south property line of 1109 N. Front Street, if deemed necessary and appropriate by the City Council; and 2. The design and height of this fence shall be approved by the City, in consultation with the Main Street Downtown Revitalization Committee, prior to installation. 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 4TH DAY OF NOVEMBER , 1998 AYES: ROI UR _ Mrf_I ATCHFY - RAT RD _ NAYS: GLAB . ABSTAINED: NONE. ABSENT: MURGATROYD. NOT VOTING: NONE. APPROVED THIS 4TH DAY OF NOVEMBER , 1998. A ATTEST: EXHIBIT A Legal Descriptions for 3925 W. Route 120 and 1109 N. Front Street Lots 1, 2, and 3 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois. ALSO The East 28 feet of Lot 5 and the West 16 feet of Lot 4 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois. ALSO East 50 feet of Lot 4 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois. PIN: 09-26-354-012; 09-26-354-013; 09-26-354-014; 09-26-354-015; and 09-26-354-016. Lot 2 in County Clerk's Subdivision of Lot 5; Lots 1, 2 and 3 in County Clerk's Subdivision of Lot 6; Lot 2 in County Clerk's Subdivision of Lot 7; Lots I and 2 in County Clerk's Subdivision of Lot 14; and Lot 2 in County Clerk's Subdivision of Lot 15, all in Block 3, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book 2 of Plats, page 39, in West McHenry a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. ALSO, Lots 11, 12 and 13 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859, in Book 24 of Deeds, page 22, in McHenry County, Illinois. PIN: 09-26-354-008; 09-26-354-009; 09-26-354-010 and 09-26-354-011.