HomeMy WebLinkAboutOrdinances - ORD-00-962 - 06/19/2000 - GRANT VARIANCE AND CUP THORNTON OIL RTE 120 AND CHORDINANCE NO. Ord-00-962
AN ORDINANCE GRANTING A VARIANCE AND CONDITIONAL
USE PERMIT FOR AN AUTOMOBILE SERVICE STATION NEAR
THE NORTHWEST CORNER OF ROUTE 120 AND CHAPEL HILL ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS _
WHEREAS, a petition has been filed with the City by the Thornton Oil
Corporation, requesting a variance and conditional use permit for an automobile service
station near the northwest corner of Route 120 and Chapel Hill Road; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on April 17, 2000, and continued to May 1, 2000, 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 variance and 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 variance
and 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 know the northwest corner of Route
120 and Chapel Hill Road and legally described on Exhibit A, attached hereto and
incorporated herein by reference, be granted a variance to Chapter III, Section 1, pg. 67,
Spacing of Service Stations to allow a new automobile service station within 600 feet of
an existing automobile service station, and a conditional use permit for an automobile
service station (Table 7, G rou p G, Item 2, pg. 117).
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SECTION 2: In granting said variance, the City Council finds that the
requirements of Table 32 of the Zoning Ordinance have been met in that:
A. Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties -in the same
zoning district. And these circumstances are not of so general or recurrent a
nature as to make it reasonable practical to provide a general regulation to cover
them.
B. The special circumstances referenced herein relate only to the physical character
of the land or building(s) for which the variance is sought, such as dimension,
topography, or soil conditions. They do not concern any business or activity the
present or prospective owner or tenant carries on, or seeks to carry on, therein,
not to the personal, business, or financial circumstances of such owner or tenant
or any other party with interest in the property.
C. The special circumstances that are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
D. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a
mere inconvenience.
E. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
F. The granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because without
the variance the applicant will be deprived of any reasonable use or enj?yment of
the property.
G. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or
welfare in the vicinity.
H. The granting of a Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in
light of any changed conditions since their adoption.
1. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
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SECTION 3: In granting said conditional use permit, the City Council finds that
the requirements of Table 31 of the Zoning Ordinance have been met 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 environmental 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 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.
F. The proposed use is in harmony with all other elements of compatibility pertinent
to the Conditional Use and its particular location.
SECTION 4: The approval of the conditional use permit as provided in this
ordinance is granted subject to the following conditions:
1. The property shall be developed in substantial conformance with the latest
site plan prepared by Thornton Oil Corporation, dated 3/7/00, and last revised
5/8/00.
2. The property shall be developed in substantial conformance with the latest
building elevations submitted by Thornton's, dated 3/22/00.
3. That upon written request of Riverside Chocolate Factory (2102 W. Route
120), Thornton Oil Corporation shall enter into good faith negotiations and
execute a cross access easement agreement with regard to the area
designated "Future Cross Access" on the site plan last revised on 5/8/00.
This agreement shall provide for the sharing of access between the two lots
and sharing of maintenance costs proportionate to the land held by the
respective parties. This agreement shall also provide for the elimination of
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the existing Riverside Chocolate Factory curb cuts onto Route 120 and
Chapel Hill Road, as required for permitting by the Illinois Department of
Transportation and the McHenry County Highway Department.
4. A detailed landscape plan for the property shall be approved by the City
Council prior to final occupancy approval.
5. The permitted ground sign for the subject property shall be limited to a
monument type design, with a maximum height of eight feet.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under
the authority of the corporate authorities of the City of McHenry, McHeRry County,
Illinois.
SECTION 7: 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 - 19th DAY OF June
2000
AYS: Bolger, Glab, McClatchey, Murgatroyd.
NAYS: Mr -ins,
ABSTAINED: None.
ABSENT: Baird.
NOT VOTING: None.
APPROVED THIS 1 9th DAY OF June
ATTEST:
YAOR
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Exhibit A
Legal Description of the SUBJECT PROPERTY
7hat part of the Southeast Quarter of Section 25 and the Northeast Quarter
of Section 36. all . in Township . 45 North. Range 8. East of the Third
Principal Meridian. described as follows: Beginning at the Southeast
corner of said Section 25; thence South 60 51, SI" Rest along the East lin
of the Northeast Quarter of saf ' d Section 36, 278.26 feet; thence South 66
57' 43" West. 274.37 feet to the center line of State Route 120: thence
Northwesterly along a curve having a radius of 28,650 feet as said curve is
convexed to the Northeast an arc distance of 298.81 feet to a point of
compound curvature on said center line: thence Northwesterly along a curve
haying a radius of 1146 fact as said curve is convexed to the Northeast an
arc distance of.403.03 feet: to a point of tangency on said center line.
thence North 90 '00' 00" West. tangent to the last described rurvc 27.55
feet;..thenCc North 00 00' 00" West along a line parallel to And 11SO-0 feet
East of the East right , of -way line of Hillside Lane (as ma!�vred'at Eight
angles to said East right-of-way line) e97.00 feet; thence North 90 00'
00" West. 258.00 feet; thence North 0' Go, 00" Rest, 53.00 feet to the
South line of Eastwood Manor Unit 12. according to the Plat thereof
�ecorded August 17. 1956, as Document 1311472 jU Book 1Z of Plats. page 82%
in McIfenry County. Illinois; thence North 90 00' 00" East 250.00 feet
along said South line of Eastwood Manor Unit 12, to the Southwesi corner of
Lot "A" IN Eastwood Manor Unit 11. according to the Plat thereof recorded
August 15, 1955, As Document 1296453 iS Book 12 of Plats, page 45, in
McHcnry'County. Illinois-, thence North 0 04" 46" West, 167.60 feet along
the West line of said Lot 'A" to the Northwest corner of said Lot "A":
thence Northeasterly along a curve having a radius of 719.219 feet as said
curve is convexed to the Southeast an arc distance Of 16.64 feet to the
point of reverse curvature: thence Easterly along a curve having a radius
of 247.27 feet as said cupe is convexed to the North an arc distance of
81.0S fee't; thence South 0 04' 46' East along the -West line of the East 4S
feet of the West 140 feet of said Lot "A". 189.8S feet to the South line of
said Lot "A"; thence Easterly along a curve having a radius of 1496 fcct
as said curve 0 is convexed to the North an arc distance of P5.09 feet.
thence North 0 04' 46" West along the East line of the We�t 140 feet of
said Lot 'A". 189.48 feet ' to the North line of said Lot "A"; thence
Easterly along a curve having a radius of 247.27 icet as said curve' is
convexed to the North. gn are distance of 46-5S feet to the point of
tangency; thence South 70 00' 53" East along the Worth linc of said Lot
"As' ih 7 5 d 02 feet to the most Northeasterly corner of said Lot "A"; thence
Sou 6 28' 08" West. 163.55 feet To the Southeasterly corner of said Lot
"A*; thence Southeasterly along a curve having a radius of 1496 feet as
sai-d curve is convexed to the Northeast an &rc distance of 316-20 feet to a
point of compound -curvature: thence Southeasterly almig a curve havtnq a
radius of 29,000 feet an arc distance of 39.90 feet; thence South 89 09'
56" East along the South line of said Eastwood Manor Unit 11, 379.31 feet;
thence South 60 4S' 55" West along the East line of said Soutlieast Quarter
of Section 25. 27.70 feet to the point of beginning.
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