HomeMy WebLinkAboutOrdinances - ORD-02-1104 - 10/21/2002 - GRANT CUP 4618 W ELM ST SIBYLLE GARIEPYORDINANCE NO. ORD-02-1104
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OUTDOOR
STORAGE OF LAWN MOWERS, SAWS, TRACTORS, GENERATORS, SMALL ENGINES
AND THE LIKE AT 4618 W. ELM STREET IN THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Sibylle Gariepy requesting a
Conditional Use Permit to allow the outdoor storage of lawn mowers, saws, tractors, generators,
small engines and the like at 4618 W. Elm Street, legally described on Exhibit "A", attached
hereto and incorporated herein, (the "SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 5, 2002, in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Planning and Zoning Commission did recommend to the City
Council the granting of the Conditional Use Permit; and
WHEREAS, the City Council has considered the evidence and recommendations from
the Planning and Zoning Commission and finds that the approvals of the requested 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 SUBJECT PROPERTY be granted a Conditional Use Permit to
allow the outdoor storage of lawn mowers, saws, tractors, generators, small engines and the
like.
SECTION 2: That the approval of Conditional Use Permit to allow the outdoor storage of
lawn mowers, saws, tractors, generators, small engines and the like as provided in this
Ordinance is granted subject to the following conditions:
1. The outdoor storage shall be limited to the fenced in area.
2. The gate to the outdoor storage area shall remain closed at all times, unless a piece
of equipment is being transferred to/from a customer.
3. Landscaping improvements shall be made to the SUBJECT PROEPRTY, in front of
the fenced in area and along the rear property line. Staff shall work with the
applicant in implementing said landscaping improvements by May 30, 2003.
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:
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.
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 21ST DAY OF gOTT , 2002
AYES: BOLGER, GIAB, i nw, MURGATROYD, WINNER
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 21 ST DAY OF
ATTEST:
OCTOBER 2002
2
Exhibit
Legal Description of the SUBJECT PROPERTY
LEGAL DESCRIPTION: Lot 26 in Block 1 in Lakeland Shores Unit Number 1, a
Subdivision of part of the Southeast Quarter of the Northwest Quarter and part of the
Northeast Quarter of the Southwest Quarter of Section 27, Township 45 North, Range 8
East of the Third Principal Meridian, and part of Lots 24 and 25 of the County Clerk's
Plat of Section 27, Township 45 North, Range 8 Best of the Third Principal Meridian,
according to the Plat thereof recorded July 19, 1957, as Document Number 325703, in
Book 13 of Plain, page 34, in McHenry County, Minois.
09-27-330-014