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.
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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
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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