HomeMy WebLinkAboutOrdinances - ORD-03-1158 - 07/14/2003 - GRANT CUP 3006 W RTE 120 ENOCH DOBNERORDINANCE NO. ORD-03-1158
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
OF A MOTOR VEHICLE BODY SHOP AND OUTSIDE STORAGE OF -DAMAGED VEHICLES
AT 3006 W. ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Enoch Dobner requesting a
Conditional Use Permit to allow the operation of a motor vehicle body shop and outside storage
of damaged vehicles at 3006 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 Planning and Zoning
Commission on June 5, 2003, 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 approval 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 operation of a motor vehicle body shop and outside storage of damaged vehicles at
3006 W. Route 120.
SECTION 2: That the approval of the Conditional Use Permit referenced in Section 1 is
granted subject to the site plan prepared by Charles A. Mionske Inc. dated April 21, 2003 (the
"SITE PLAN) attached hereto and incorporated herein as Exhibit and the following
conditions:
1. All motor vehicle repairs shall be conducted wholly within the building.
2. There shall be no outside storage other than damaged vehicles.
3. All damaged vehicles shall be stored within the fenced area, as depicted on the SITE
PLAN.
4. The outside storage area shall be screened with a 6-foot privacy cyclone fence with
slats.
5. The fence shall remain closed at all times, except as required for vehicle access.
6. No totaled vehicles shall be stored on the property for more than seven (7) calendar
days.
7. All oil or other environmentally hazardous materials shall be stored inside until properly
disposed.
8. An easement agreement with the adjacent property owner to the east, providing for a
perpetual access driveway/turnaround area, shall be submitted to the CITY prior to the
granting of an occupancy permit for the building on the SUBJECT PROPERTY.
9. The building shall undergo a building inspection prior to occupancy.
10. There shall be clear access maintained, at all times, to the rear of the building.
11. No parking spaces shall ever be utilized for anything other than customer parking.
12. Applicant shall work with the CITY in locating planters in front of the building and along
the southwestern boundary of the SUBJECT PROPERTY. Said planters shall be
located on the SUBJECT PROPERTY before the issuance of an occupancy permit.
13. The sign on the SUBJECT PROPERTY shall be constructed on the building face only;
no freestanding sign shall be permitted on the SUBJECT PROPERTY.
14. Three (3) additional parking spaces shall be striped in front of the building (south side)
prior to the issuance of an occupancy permit.
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:
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 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.
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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 14TH DAY OF JU LY , 2003
AYES: BOLGER, LOW, MURGATROYD, WIMMER, PETERSON, CONDON.
NAYS: G LAB .
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
14TH JULY
APPROVED THIS DAY OF , 2003
ATTEST:
CITY CL K
Mz'
PeA e.
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lot 12 and the Easterly 50 feet of Lot 11 in Conway's Subdivision, a subdivision of part of the
West Half of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof recorded August 16, 1923, as Document
No. 60164 in Book 4 of Plats, Page 99, In McHenry County, Illinois (excepting that part taken for
public road purposes by McHenry County Circuit Court condemnation No. 92ED5).
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