HomeMy WebLinkAboutOrdinances - ORD-02-1075 - 05/20/2002 - GRANTM CUP 3107 W RTE 120 ADAMS OUTDOOR POWER EQUIORDINANCE NO. nRn-n2-107 _
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE
OUTDOOR DISPLAY OF LAWN TRACTORS AND STORAGE SHEDS AND A
CONDITIONAL USE PERMIT FOR OUTDOOR BULK FUEL STORAGE OF LP GAS
AT 3107 W. ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS
WHEREAS, a petition has been filed with the City by Adams Outdoor Power
Equipment, Inc. requesting a Conditional Use Permit to allow the outdoor display of
lawn tractors and storage sheds and a Conditional Use Permit for outdoor bulk fuel
storage of LP gas at 3107 W. Route 120, the "SUBJECT PROPERTY"„ legally
described on Exhibit "A" attached hereto; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on April 18, 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 Conditional Use Permits; 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
Conditional Use Permits 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 SUBJECT PROPERTY be granted a Conditional Use
Permit to allow the outdoor display of lawn tractors and storage sheds and a Conditional
Use Permit to allow outdoor bulk fuel storage of LP gas.
SECTION 2: That the approval of Conditional Use Permit for the outdoor display
of lawn tractors and storage sheds as provided in this Ordinance is granted subject to
the following conditions:
1. Only six (6) lawn tractors shall be displayed in the front yard, located as
depicted on depicted on Exhibit "A-1 ".
2. Only one (1) new eight (8) foot by twelve (12) foot shed shall be displayed to
the east of the entrance as depicted on Exhibit "A-1".
3. Eleven (11) mugo pines shall be planted in two (2) beds of cypress mulch as
depicted on Exhibit "A-1".
4. Landscaping, in the form of various ground cover and flower beds shall be
planted around the entire perimeter area of the sign on the SUBJECT ;t
PROPERTY.
5. No parking spaces shall ever be utilized for anything other than customer
parking. ilea
6. Two (2) evergreen shrubs with a maximum height of three (3) feet shall be nr�
planted: one (1) on the northwest corner and one (1) on the northeast corner
of the shed.
7. The lawn tractors shall be displayed in a staggered fashion. fec
8. That the Conditional Use Permit for the outdoor display of lawn tractors and ,y
storage sheds shall be granted for a period of five (5) years expiring on June
1, 2007. Not less than thirty (30) days prior to the expiration date of the
Conditional Use Permit, the applicant shall appear before the City Council for )2
review and renewal of said Conditional Use Permit. Renewal shall be based
on compatibility with the trend of development and redevelopment of the area.
SECTION 3: In granting said Conditional Use Permits, 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; )2
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.
VA
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 DAY OF , 2002
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS: NONE
ABSTAINED:
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS fib" DAY OF , 2002
ATTEST:
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CIT ERK
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EXHIBIT A
Lots 3 and 4 (excepting therefrom any part thereof falling within Parcel No. 0015 of
Circuit Court Case No. 03-KD-3) and all of Lots 9 and 10 in Block 10 in the original Plat
of the Village (now City) of McHenry, on the East side of Fox River, a Subdivision of part
of the Southeast Fractional Quarter of Section 26, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book
B of Deeds, page 160, in McHenry County, Illinois, also that part of the North Half of
vacated South Street lying Southerly of and adjacent to Lots 9 and 10 in Block 10 in the
original Plat of the Village (now City) of McHenry, on the East side of Fox River, a
Subdivision of part of the Southeast Fractional Quarter of Section 26, Township 45
North, Range 8 East of the Third Principal Meridian, according to the Plat thereof
recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois.
PIN: 09-26-482-016 (affects Lots 3 and 4) and 09-26-482-007 (affects Lots 9 and 10)
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