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HomeMy WebLinkAboutOrdinances - ORD-03-1163.A - 08/11/2003 - GRANT CUP 2100 W RTE 120 CLAUDE AND DIANE SONDAYORDINANCE NO. ORD-03-1163. A AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR OUTDOOR SALES WITH ANCILLARY MOTORCYCLE REPAIR AT 2103 W. ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Claude and Diane Sonday (the "APPLICANTS") for a Conditional Use Permit for outdoor sales of motorcycles and motorcycle repair at 2103 W. Illinois Route 120 and legally described on "Exhibit An, 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 July 10, 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 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 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 PROPPRTY be granted a Conditional Use Permit for outdoor sales of motorcycles and motorcycle repair. Said Conditional Use Permit shall be subject to the following conditions: 1. There shall be no motorcycles displayed in the parking area. 2. Only motorcycles shall be display outside. 3. No more than 10 motorcycles be displayed in an orderly/aesthetically desirable fashion. 4. Motorcycles shall not be kept outside overnight. 5. Only motorcycle repair be conducted on the subject property. 6. All repair shall be conducted wholly within an enclosed building. 7. No repaired motorcycles be kept outside. 8. No painting or spraying of chemicals shall be done on the subject property. 9. There shall be no outside storage on the subject property associated with this business. The applicant work with Staff to enhance landscaping on the site and landscaping recommendations be implemented prior to an occupancy permit being issued. SECTION 2: In granting said Conditional Use Permit with conditions, 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: Ali Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. 2 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. 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 11TH DAY OF AUGUST , 2003 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: BOLGER, GLAB, LOW, MURGATROYD,W'IMMER, PETERSON, CONDON NONE NONE NONE NONE APPROVED THIS 11TH DAY OF AUGUST , 2003 ATTEST: CITY C RK 3 Exhibit A Legal Description of Subject Property PARCEL 1: THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION BETWEEN THE CENTERLINE OF STATE ROUTE 120 AND THE EAST LINE OF SAID NORTHEAST QUARTER FOR A POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, 160 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 330 FEET TO A POINT; THENCE SOUTHEASTERLY ON A LINE PARALLEL WITH THE. CENTER LINE OF SAID STATE ROUTE 120 TO THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE PLACE OF BEGINNING, (EXCEPTING THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE' NORTHEAST QUARTER OF SAID SECTION 35; THENCE ON AN ASSUMED BEARING SOUTH 0 DEGREES 19' 29" WEST ALONG SAID EAST LINE THEREOF 481.87 FEET TO A POINT ON THE CENTERLINE OF THE RIGHT-OF-WAY FOR ILLINOIS ROUTE 120 FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE 64.84 FEET TO A POINT ON A 23,835.19 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARING SOUTH 20 DEGREES 52' 53" WEST FROM SAID POINT; THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A CENTRAL ANGLE OF 0 DEGREES 23' 05', FOR A DISTANCE OF 160.09 FEET TO A POINT ON THE WEST LINE OF THE LANDS OF THE GRANTOR; THENCE {NORTH 0 DEGREES 19' 29" EAST, 64.58 FEET ALONG SAID WEST LINE TO A POINT ON THE CENTERLINE OF RIGHT-OF-WAY FOR ILLINOIS ROUTE 120, SAID CENTERLINE BEING ON A CURVE HAVING A RADIUS OF 28,650 FEET, THE CENTER OF CIRCLE OF SAID CURVE BEARING SOUTH 20 DEGREES 26' 25' WEST FROM SAID POINT; THENCE SOUTHEASTERLY ALONG SAID CURVE CENTERLINE HAVING A CENTRAL ANGLE OF 0 DEGREES 19' 12", FOR A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THAT PART OF THE' NORTHEAST _ QUARTER OF THE. NORTHEAST QUARTER OF SAID SECTION 36, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION BETWEEN THE CENTERLINE OF ILLINOIS ROUTE 120 AND THE EAST LINE OF SAID NORTHEAST QUARTER, THENCE SOUTH 0 DEGREES 52' 19" WEST ALONG SAID EAST LINE, 64.84 FEET TO THE SOUTHERLY RIGHT- OF-WAY LINE OF SAID. ILLINOIS STATE ROUTE 120, FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 52' 19" WEST ALONG SAID EAST LINE 265.16 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE CENTERLINE OF SAID ILLINOIS ROUTE 120, BEING ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 28,650 FEET, FOR AN ARC DISTANCE OF 32.20 FEET; THENCE NORTH 1 DEGREE 08' 21" WEST, 214.41 FEET; THENCE NORTH 27 DEGREES 38' 06. WEST, 76.67 FEET TO A POINT IN THE SOUTHERLY RIGHT-OF-WAY OF SAID ILLINOIS ROUTE 120; THENCE SOUTHEASTELY ALONG SAID SOUTHERLY RIGHT- OF-WAY, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23,835.19 FEET, FOR AN ARC DISTANCE OF 79,30 FEET TO THE POINT OF BEGINNING). BEING LOCATED IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. P RCE 2: THAT PART OF THE NORTHEST QUARTER OF THE NORTHEAST' QUARTER OF SECTION 6, TOWNSHIP 45 NORTH, RANGE 8. EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION BETWEEN THE CENTERLINE OF STATE ROUTE. 120 AND THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTHWESTERLY, ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT, HAVING A RADIUS OF 28,650.00 FEET, FOR AN ARC DISTANCE OF 160.00 FEET; THENCE SOUTH 0 DEGREES 52' 19' WEST ON A LINE PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 64.54 FEET TO THE RIGHT-OF-WAY OF SAID STATE ROUTE 120, FOR A POINT OF BEGINNING; THENCE CONTINUING ON THE LAST DESCRIBED COURSE, SOUTH 0 DEGREES 52' 19- WEST FOR A DISTANCE OF 265.42 FEET; THENCE NORTHWESTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 28,650.00 FEET, PARALLEL WITH THE CENTERLINE OF SAID STATE ROUTE 120, FOR AN ARC DISTANCE OF 74.51 FEET; THENCE NORTH 0 DEGREES 52' 19" EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER, 265.48 FEET, TO THE RIGHT-OF-WAY OF SAID ROUTE 120; THENCE SOUTHEASTERLY ALONG SAID RIGHT -Of - WAY, BEING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF' 23,835.19 FEET, FOR AN ARC DISTANCE OF 74.53 FEET, TO THE POINT OF BEGINNING, BEING LOCATED IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. PIN: 09-36-200-032 & 09-36 200-033