HomeMy WebLinkAboutOrdinances - ORD-03-1162 - 08/04/2003 - GRANT CUP 2912 AND 2914 W RTE 120 CAPTAIN RODORDINANCE NO. 021;_n3_3i 62
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO
ALLOW THE OUTDOOR DISPLAY, ASSEMBLY AND STORAGE OF BOATLIFTS AND
PIERS AT 2912 AND 2914 W. ROUTE 120
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Rodney Schuh, requesting a
conditional use permit for outdoor display, assembly and storage of boatlifts and piers at 2912
and 2914 W. Route 120; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on March 20, 2003, in the manner prescribed by ordinance and statute. As a result of
said hearing, the Planning and Zoning Commission failed to make a recommendation to the City
Council for the requested conditional use permit; and
WHEREAS, the City Council has considered the evidence and recommendation from the
Planning and Zoning Commission and finds that the approval of the requested conditional use
permit, as conditioned herein, 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 property commonly known 2912 and 2914 W. Route 120, and
legally described below, is hereby granted a conditional use permit for outdoor display,
assembly and storage of boatlifts and piers.
-� LEGAL DESCRIPTION: Lot 17 and 18 in Conway's Subdivision, being a Subdivision of
the Southwest Quarter 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 roadway purposes as shown on the plat of
Highways, according to the plat recorded as Document No. 91 R008431 in McHenry
County, Illinois).
SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the following conditions:
Display items shall be limited to the following, all of which shall be aligned and not: closer
than 10 feet from the back of the Route 120 curb on 2914 W. Route 120: Two jet ski lifts;
One boat lift; One pier; and One display board.
2. Applicant/Owner shall complete the following improvements within 90 days after
approval of the ordinance:
a) Fencing shall be extended on the west side of the building to close off the existing
gap.
b) A minimum 6' high fence shall be extended along the rear portion of the building at
2912 W Route 120, from the rear property line to the rear end of the building on the
east side.
c) All dilapidated fencing at 2912-2914 W. Route 120 shall be repaired.
d) Parking spaces shall be striped in accordance with the approved site plan.
e) The rear of the building at 2914 West Route 120 shall be re -sided.
f) A minimum of three planters shall be placed in front of the building at 2914 West
Route 120.
g) All wood behind the existing residence on the premises shall be stacked in a neat
and orderly fashion or removed from the site.
h) The jet ski _and rubber tube shall be removed from behind the building at 2914 West
Route 120
3. There shall be no outside storage other than materials used to construct boatlifts, jet ski
lifts or piers at 2914 West Route 120.
4. All outside storage at 2914 West Route 120 shall be kept within the confines of the
fenced area behind said building. Said storage shall not exceed the height of the building
directly to the south.
5. All assembly/construction of lifts and/or piers shall take place behind 2912 West Route
120. There shall be no storage of any barrels, wood or miscellaneous materials.
6. There shall be a clear access maintained at all times to the existing resident's driveway
in the rear of the property at 2914 West Route 120. Sufficient turnaround space shall be
maintained for emergency vehicles.
7. All building code violations shall be addressed and a Certificate of Occupancy shall be
issued within thirty days of approval of this ordinance by City Council.
8. The conditional use permit shall expire one year from the date of passage of this
ordinance. Upon renewal by the City Council, the conditional use permit may be granted
for an additional time period deemed appropriate by the Council t this time, provided
there are no substantial violations of the terms of this ordinance or any other ordinances
of the City.
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.
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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 41H DAY OF A � �GHS:F , 2003
AYES: Bnl GEE I nw Mi1RGA:M0Y0, WIW14414; -; ETA, ERSON, GONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NnmF
APPROVED THIS 4TH DAY OF AIIf-,IIS1 , 2003
ATTEST:
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