HomeMy WebLinkAboutOrdinances - ORD-02-1065 - 04/01/2002 - GRANT VARIANCE AND CUP 4172 BULL VALLEY ROAD CORNEORDINANCE NO. nRn-n?-1 nrr,
AN ORDINANCE GRANTING A LOT WIDTH VARIANCE AND A CONDITIONAL USE
PERMIT FOR THE OUTDOOR STORAGE OF VEHICLES AND TRAILERS
AT 4172 BULL VALLEY ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Cornerstone Material
Recovery, Inc., requesting a Lot Width Variance and a Conditional Use Permit to allow
the outdoor storage of vehicles and trailers at 4172 Bull Valley Road; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on February 21, 2002, in the manner prescribed by ordinance and statute,
and as a result of said hearing, the Zoning Board of Appeals did recommend to the City
Council the granting of the requested Lot Width Variance and Conditional Use Permit;
and
WHEREAS, the City Council has considered the evidence and recommendations
from the Zoning Board of Appeals and finds that the approvals of the requested Lot
Width Variance and Conditional Use Permit are 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 4172 Bull Valley Road, and
legally described on Exhibit "A" attached hereto, SUBJECT PROPERTY, be granted an
approximately 186 foot Lot Width Variance to comply with the required 200 foot Zoning
Ordinance requirement, and a Conditional Use Permit to allow the outdoor storage of
vehicles and trailers at 4172 Bull Valley Road.
SECTION 2: That the approval of the Lot Width Variance as provided in this
Ordinance is granted subject to the following condition:
1. The applicant work actively with the adjacent property owners to improve
the condition of the existing gravel access driveway.
SECTION 3: In granting said Lot Width Variance, the City Council finds that the
requirements of Table 32 of the Zoning Ordinance have been met in that:
1. 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 reasonably practical to provide a
general regulation to cover them.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 enjoyment of the property.
7. 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.
8. 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.
9. The Variance requested is the minimum required to provide the applicant
with reasonable use and enjoyment of the property.
SECTION 4: That the approval of the Conditional Use Permit as provided in this
Ordinance is granted subject to the following conditions:
That the applicant shall cause to be paved that area from the
northern boundary of the existing Bull Valley Road right-of-way
seventy (70) feet to the north along the existing gravel driveway,
located on the SUBJECT PROPERTY, within one (1) year from the
date of passage of this Ordinance.
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2. That the SUBJECT PROPERTY shall be cleared of all debris and
inoperable vehicles and/or equipment.
3. That there shall be no storage of anything other than vehicles or
trailers on the SUBJECT PROPERTY.
4. That the applicant shall permit the City of McHenry to drop off
unwanted wood or metal items for disposal at the SUBJECT
PROPERTY.
5. That the Conditional Use Permit shall be granted for a period of
seven (7) years expiring on April 1, 2009. Thirty (30) days or
sooner prior to the expiration date of the Conditional Use Permit,
the applicant shall be required to come before the City Council and
petition for a one (1) year extension to discuss future plans for the
SUBJECT PROPERTY and surrounding area with the City and
shall be required to do so for yearly extensions thereafter.
SECTION 5: 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 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. 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; and
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
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SECTION 6: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 �� DAY OF , 2002
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS: NONE
ABSTAINED: NnNF
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS DAY OF , 2002
ATTEST:
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EXHIBIT A
LEGAL DESCRIPTION:
THAT PART OF THE WEST 30 ACRES OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING
ASSUMED) ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 306.4 FEET, FOR A
PLACE OF BEGINNING; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF
530.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 86.00
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 270.00 FEET;
THENCE NORTH 69 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE
NORTH 01 DEGREES 27 MINUTES 24 SECONDS EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89
DEGREES 53 MINUTES 59 SECONDS EAST, A DISTANCE OF 997.96 FEET; THENCE SOUTH 01 DEGREES
24 MINUTES 33 SECONDS WEST, A DISTANCE OF 691.20 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 38 SECONDS WEST, P. DISTANCE OF 126.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES
33 SECONDS WEST, A DISTANCE OF 268.90 FEET; TFIENCE NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 14.00 FEET; THENCE SOUTH 01 DEGREES 24 MINUTES 33 SECONDS
WEST, A DISTANCE OF 341.1C FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A
DISTANCE OF 16.00 FEET; THENCE NORTH 01 DEGREES 40 MINUTES 10 SECONDS EAST, A DISTANCE
OF 466.56 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 310.00
FEET; THENCE NORTH 01 DEGREES 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 100.00 FEET; THENCE
SOUTH 01 DEGREES 30 MINUTES 22 SECONDS WEST, A DISTANCE OF 0.20 FEET; THENCE SOUTH 89
DEGREES 45 MINUTES 36 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE NORTH 01 DEGREES
30 MINUTES 21 SECONDS EAST, A DISTANCE OF 622.20 FEET; THENCE NORTH 89 DEGREES. 45
MINUTES 38 SECONDS WEST, A DISTANCE OF 350.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES
21 SECONDS WEST, A DISTANCE OF 466.50 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 30
SECONDS WEST, A DISTANCE OF 245.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS
WEST, A DISTANCE OF 110.00 FEET; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A
DISTANCE OF 86.00 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE
OF 542.00 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.00
FEET, TO THE POINT OF BEGINNING, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PART OF THE
WEST 30 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 44 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 F SAID SECTION 3; THENCE
SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST (BEARING ASSUMED) ALONG THE SOUTH LINE OF
SAID SOUTHEAST 1/4, A DISTANCE OF 306.40 FEET, FOR A PLACE OF BEGINNING; THENCE NORTH 01
DECEMBER 30 MINUTES 22 SECONDS EAST, A DISTANCE OF 530.00 FEET; THENCE NORTH 89 DEGREES
45 MINUTES 38 SECONDS WEST, A DISTANCE OF 86.00 FEET; THENCE NORTH 01 DEGREES 30 MINUTES
22 SECONDS EAST, A DISTANCE OF 270.00 FEET; THENCE -NORTH 89 DEGREES 45 MINUTES 38
SECONDS WEST, A DISTANCE OF 221.09 FEET; THENCE NORTH 01 DECEMBER 27 MINUTES 24 SECONDS
EAST, A DISTANCE OF 498.82 FEET; THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS EAST, A
DISTANCE OF 362.40 FEET; THENCE SOUTH 01 DEGREES 30 MINUTES 24 SECONDS WEST, A DISTNACE
OF 647.71 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 110.85
FEET; THENCE SOUTH 01 DEGREES 20 MINUTES 21 SECONDS WEST, A DISTANCE OF 110.00 FEET;
THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS EAST, A DISTANCE OF 86.00 FEET; THENCE
SOUTH 01 DEGREES 30 MINUTES 21 SECONDS WEST, A DISTANCE OF 542.00 FEET; THENCE NORTH 89
DEGREES 45 MINUTES 38 SECONDS WEST, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING,
IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY,
ILLINOIS.
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