HomeMy WebLinkAboutOrdinances - ORD-05-1246 - 02/21/2005 - AN ORDINANCE AMENDING ORD01-100800 e 1�
ORDINANCE NO. ORD-05-1246
AN ORDINANCE AMENDING ORD01-1008, CONDITIONAL USE PERMIT FOR
ROOFING AND INSULATION SUPPLY, TO ALLOW AN EXPANSION OF
THE OUTDOOR STORAGE AREA AT 3981 ALBANY STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ELLINOIS
WHEREAS, the City Council of the City of McHenry previously approved an ordinance granting a
conditional use permit to allow the outdoor storage of roofing supplies arid materials, subject to certain conditions
and limitations, on a portion of the property located at 3981 Albany Street in the City of McHenry, legally described
on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and
WHEREAS, the Richard and Jane Lafnitzegger, (the "OWNERS") have submitted a letter to the City
requesting approval to expand the area devoted to outdoor storage on the SUBJECT PROPERTY; and
WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the ability to
approve an expansion, alteration or amendment to a conditional use, or may send the item back to the Planning and
Zoning Commission for a public hearing; and
WHEREAS, the City Council has considered the evidence presented and finds that the approval of the
requested expansion of the outdoor storage area 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, and should be approved
without sending the matter back to the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That ORD01-1008, granting a Conditional Use Permit to allow outdoor storage of roofing
supplies and materials on the SUBJECT PROPERTY, is hereby amended to allow an expansion of the outdoor
storage area in accordance with the site plan (the "SITE PLAN") prepared by Land Technology, Inc, attached hereto
and incorporated herein as Exhibit "B", provided, however that the conditions specified in ORDOI-1008 shall be
and hereby are still applicable.
SECTION 2: In granting said amendment to 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 pem-dtted 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 pem-dtted 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.
SECTION 5: This Ordinance shall be in fall force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSEDTHIS o�%� DAYOF
2005
AYES: BOLGER, LOW, MURGATROYD, WIMMER,4ETERSON, CONDON
NAYS: GLAB
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: Kinu
APPROVED THIS At lz�v DAY OF �j.'A %n, 2005
",-A
ATTEST:
1'n�ft�p
CITY
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Exhibit "All
Legal Description of the SUBJECT PROPERTY
LOT 28 in Tonyan's Industrial Park, Unit 2, being a Subdivision of part of the West half of the
Northwest quarter of Section 11, Township 44 North, Range 8 East of the Third Principal meridian,
according to the plat thereof recorded August 22, 1978, as Document No, 743564, and also the East
55 feet of Lot 29 in Tonyan's Industrial Park, Unit 3, being a Subdivision of part of the West half of
the Northwest quarter of Section 11, Township 44 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded March 21, 1984, as Document No. 877542, in
McHenry County, Illinois.
Exhibit "B"
SITE PLAN for the SUBJECT PROPERTY
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