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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: s CIT ERK i K 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) 4 ApgMS OUTDOOR EQUIPMENT I PROPANE TANK EXHIBIT 15.Xb;11;+- R-1 U.S. ROUTE 120 %V gQiCOF NM Ty PIPE D e TOP of RK'W �s�PROPr3i p EVATION Q 5 gDAMS OUTDOOR wrc ocsrnrolw ROUTE fIo EQUIPMENT PARCEL NWfiNflV. MWENPY, �� m ILLI(1015 ILlPIWS aru+o � a ppprwfi ru+K rm� a� uwmrt ee 1OF1