HomeMy WebLinkAboutOrdinances - ORD-03-1151 - 06/02/2003 - EXPAND CUP 5200 W ELM WELLERORDINANCE NO. oRn-ol-> > -gi
AN ORDINANCE AUTHORIZING AN EXPANSION TO A CONDITIONAL USE
PERMIT FOR A QUICK OIL CHANGE SERVICE FACILITY AT 5200 W. ELM
STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, an application has been filed with the City by Arthur and Peter
Weller requesting an expansion to a Conditional Use Permit approved by Ordinance 0-
90-537, to permit the construction of a twenty (20) by twenty-seven (27) foot addition
onto the west side of the existing facility at 5200 W. Elm Street, legally described on
attached Exhibit "A", the "SUBJECT PROPERTY"; and
WHEREAS, Chapter XIV.G of the City of McHenry Zoning Ordinance provides
that the City Council may approve an expansion to an existing Conditional Use Permit;
and
WHEREAS, the City Council finds that the approval of this expansion is
consistent with the objectives of the City of McHenry Zoning Ordinance to improve and
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 is hereby granted an expansion to
the Conditional Use Permit originally granted by Ordinance 0-90-537 to allow the
construction of a twenty (20) by twenty-seven (27) foot addition onto the west side of the
existing facility, subject to the following conditions:
1. That the building addition and any site modifications shall be in
substantial conformance with the site plan attached hereto as Exhibit
1161,
2. That the building materials used on the exterior of the addition shall
be the same as the building materials used on the original building.
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3. That the uses on the SUBJECT PROEPRTY be limited to those
authorized by the Conditional Use Permit originally granted by
Ordinance No. 0-90-537.
SECTION 2: In granting expansion of the 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.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 4: 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 5: 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
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
2ND DAY OF JUNE , 2003
NONE
WIMMER
NONE
NONE
APPROVED THIS 2ND DAY OF JUNE , 2003
ATTEST:
'53
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lots 13 and 14 in Block 1 in Lakeland Park, Unit No. 3, a subdivision of part of the
East Half of the East Half of Section 28, Township 45 North, Range 8, East of the
Third Principal Meridian, according to the Plat thereof recorded September 8,
1953 as Document No. 269384 in Book 11 of Plats, Page 90, in McHenry County,
Illinois.
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