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HomeMy WebLinkAboutOrdinances - O-99-920 - 07/13/1999 - GRANT CUP STEVE BUSS 121 N FRONT STORDINANCE NO. 0-99-920 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR AN OPEN SALES LOT FOR MOTOR VEHICLES AND FOR MOTOR VEHICLE REPAIRS AT 111 S. ROUTE 31, 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 and for motor vehicle repairs at 121 N. Front Street; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on June 21, 1999, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zonira 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 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 knows as 111 S. Route 31 and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a Conditional Use Permit for an open sales lot for motor vehicles and for motor vehicle repairs. SECTION 2: 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 that: A. Any adverse impact of types or 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 envii :)nmental 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 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; E. The proposed uF 3 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; and F. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinance 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 ur der 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 Pnd after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 14TH DAY OF JULY AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: 1999 BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NONE. NONE. NONE. NONE. APPROVED THIS 14TH DAY OF ATTEST: JULY R .1999 EXHIBIT A PLAT OF SURVEY sm'in�=n�-n`nr cunsuiT�erts, Inc THAT PART OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD X.lu PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 2; THENCE NORTH 89 DEGREES 11 MINUTES 31 SECONDS EAST, 738 16 FEET ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER TO THE WEST LINE OF STATE ROUTE 31 AS NOW CONSTRUCTED AND MONUMENTED; THENCE SOUTH Ot DEGREES 08 MINUTES 38 SECONDS EAST, 6 74 FEET ALONG SAID WEST LINE OF STATE ROUTE 31 TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 01 DEGREES 08 MINUTES 30 SECONDS EAST ALONG SAID WEST LINE OF STATE ROUTE 31. A DISTANCE OF 71361 FEET, THENCE SOUTH 88 DEGREES 32 MINUTES 20 SECONDS WEST, 35017 FEET TO A POINT OF CURVATURE; THENCE WESTERLY 328 49 FEET ALONG A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 3,47000 FEET, THE CHORD OF SAID CURVE HAVING A LENGTH OF 328 36 FEET AND A BEARING OF NORTH 88 DEGREES 44 MINUTES 57 SECONDS WEST, THENCE NORTH 01 DEGREES 08 MINUTES 38 SECONDS WEST, 701 83 FEET; THENCE NORTH 88 DEGREES 51 MINUTES 22 SECONDS EAST, 678 24 FEET TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS SAID PARCEL CONTAINING 11.1013 ACRES, MORE OR LESS I - -_ �N X -�]f' Puck 1Xn1e1 eM Deweq. (ew•m.,l Ir Oac Ms SNm1 X LF. s/ U. XM 1/1 e/ Set f�11-1� �10� A,Mk Rq.l s/ Ybr /r Dee I1n iMm1 II II II I�II II II II II p II III J f N 88'51'22" E 678.24' O II ��a• rook: uO e.e LYahef. r....,,..,1 Pr oee Xe eJem1-- II II - �II II I I � II II II II 4 a II II I I lall�ll I hal� w a n^ o p I 3 o tl II Area=11. 10 Acres o I� o II Z II � II �I Ipoo II If �I s 16 JI II II g II II Y l Ch�J78 J6' Ch Brq=N 8B'44'S7" W I II II 1� R-J470.00' S 88'J220" W J5017' II I L=JY849• - �Knox I II I(( I II II II II p II STATE OF ILLINOIS ) )SS COUNTY OF MtHENRY ) This is to certify that we have surveyed the premises above described, and that the plot hereon is a representation of the said survey. Dated at McHenry, McHenry County Illinois /0,y 20_ A D. 19� Smith Engineering Consultants, Inc BUSS FORD PLAT OF SURVEY Mina s P e�slorlal Land Surveyor .r•soxf wuw fn wlc r.aacr Xn rX X. irn wns-swiu-J nrsxo n 19✓•t suLn a[Lr Xa . m _ aEQal R Va1T 6UlL• -