HomeMy WebLinkAboutOrdinances - ORD-01-1020 - 07/02/2001 - GRANT CUP 4030 2 MAIN ST PORTABLE TOOL SALES AND S0
ORDINANCE NO. ORD-01-1020
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR
OUTDOOR STORAGE OF RENTAL EQUIPMENT AT 4030 W. MAIN ST.,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by the contract purchaser,
Portable Tool Sales & Service, Inc., requesting a Conditional Use Permit for outdoor
storage of rental equipment at 4030 W. Main St.; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on June 4, 2001, 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
terms and conditions; and
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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 know as 4030 W. Main Street and legally
described below, be granted a Conditional Use Permit for outdoor storage of rental
equipment.
LEGAL DESCRIPTION
PARCEL 1:
ALL THAT PART OF LOT 18 OF THE COUNTY CLERK'S PLAT OF THE SOUTHEAST
QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8, OF THE THIRD
PRINCIPAL MERIDIAN, THAT LIES NORTH OF MAIN STREET AND EAST OF CRYSTAL
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LAKE ROAD, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 1902 IN BOOK
2 OF PLATS, PAGE 41, IN MCHENRY COUNTY, ILLINOIS.
PARCEL 2:
ALL THAT PART OF LOT 5 OF HANLEY'S OUT LOTS TO WEST MCHENRY LYING
SOUTHEASTERLY OF CRYSTAL LAKE ROAD, A SUBDIVISION OF PART OF SECTION
27, TOWNSHIP 45 NORTH, RANGE 8, OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 9, 1879, IN BOOK 1
OF PLATS, PAGE 7, IN MCHENRY COUNTY, ILLINOIS.
PARCEL 3:
OUT LOT 9 OF WEST MCHENRY, A SUBDIVISION OF PART OF SECTION 26,
TOWNSHIP 45 NORTH, RANGE 8, 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.
PARCEL 4:
THE NORTH HALF OF THE VACATED EAST STREET, AS VACATED BY ORDINANCE
DATED OCTOBER 5, 1942, BY THE CITY OF MCHENRY, IN SECTION 26, TOWNSHIP
45 NORTH, RANGE 8, OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY,
ILLINOIS.
PARCEL 5:
THE SOUTH HALF OF THE WEST 39.0 FEETiOF THE VACATED EAST STREET, AS
VACATED BY ORDINANCE DATED OCTOBER 5, 1942, BY THE CITY OF MCHENRY, IN
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, OF THE THIRD PRINCIPAL MERIDIAN,
IN MCHENRY COUNTY, ILLINOIS
SECTION 2: That the approval of the Conditional Use Permit as provided in this
ordinance is granted subject to the following conditions:
1. Screening along Crystal Lake Road shall extend at least 135 feet to the north of
the principal building along Crystal Lake Road, as depicted on the latest site plan
included with the application, and shall include nylon mesh.
2. Outdoor storage shall be limited to particular types of equipment, as defined by
the applicant and approved by the City prior to final occupancy, and shall not
include bulk material or inoperable equipment.
3. All equipment service shall be performed within enclosed buildings, and shall not
be permitted in the outdoor storage area.
4. No equipment refueling shall be conducted on the property; all fueling shall be
done at off -site locations.
5. Direct access to the property from Crystal Lake Road shall be prohibited.
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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:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
2. 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. 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. The proposed use will not requires 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. 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. 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.
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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, but only until
November 5, 2001, at which time Portable Tool Sales & Service, Inc. shall reappear before
the McHenry City Council for review and evaluation of the maintenance and upkeep of the
SUBJECT PROPERTY.
PASSED THIS 2ND DAY OF JULY , 2001
AYS: Rni GER, i OW, MURGATROYD, WAVER
NAYS: NONE.
ABSTAINED: NONE
ABSENT: GLAB
NOT VOTING: NONE
APPROVED THIS 2ND DAY OF JULY , 2001
ATTEST:
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