HomeMy WebLinkAboutOrdinances - ORD-05-1247 - 02/21/2005 - AN ORDINANCE AMENDING ORD04-1216ORD-05-1247
ORDINANCE NO.
AN ORDINANCE AMENDING ORD04-1216, CONDITIONAL USE PERMIT FOR
B AND B AUTOMOTIVE, TO ALLOW A 500 GALLON ABOVE -GROUND WASTE OIL TANK
AT 913 N. FRONT STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved an ordinance granting a
conditional use permit to allow the operation of a motor vehicle repair shop, subject to certain conditions and
limitations, at 913 N. Front Street in the City of McHenry, legally described on "Exhibit A", attached hereto and
incorporated herein, (the "SUBJECT PROPERTY-); and
WHEREAS, the Emie and Phil Baggio, (the "OWNERS") have submitted a letter to the City requesting
approval to install a 500 gallon, above -ground waste oil tank 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 500 gallon, above -ground waste oil tank 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 ORD04-1216, granting a Conditional Use Permit to allow the operation of a motor
vehicle repair shop on the SUBJECT PROPERTY, is hereby amended to allow the installation of a 500 gallon,
above -ground waste oil tank, in accordance with the site plan and drawings (the "SITE PLAN"), attached hereto and
incorporated herein as Exhibit "B", provided, however that the conditions specified in ORD04-1216 shall be and
hereby are still applicable, except as modified by this ordiamice.
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 permitted uses in the zoning district,
have been appropriately controlled;
3. The proposed use w�ill 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 die 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 Aith 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 full force and effect from and after its passage, approval, and
publication in pamphlet form as provided by law.
PASSED THIS Z( DAY OF ija�'3ft " � � 2005
AYES: BOLGER, GLAB, LOW, MURGATROYD WIMMER, PETERSON, CONDON
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
NONE
'Q9'
APPROVED THIS o DAY OF
ATTEST:
A@Me 9— C- 'knQC"tA'j
CITY 0
12005
,?�IAYOR
Exhibit "All
Legal Description of the SUBJECT PROPERTY
Part of the West Half of the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the intersection of the Easterly right of
way line of the Chicago and Northwestern Railway Company and the Southwesterly boundary of Block
13 of the Original Town of McHenry; thence Southeasterly along the Southwesterly boundary of said
Block 13, a distance of 139.2 feet, more or less, to the Northwesterly comer of a parcel of land conveyed
by Warranty Deed dated November 1, 1924 from Clara T. Bowers, a widow, to Henry W. Ahems and
recorded in Book 176 of Mortgages, page 32; thence Southwesterly on the northwesterly boundary of the
last described parcel of land conveyed as aforesaid, a distance of 132 feet to the Southwesterly corner
thereof, for a point of beginning, thence Southeasterly on the Southwesterly boundary thereof, a distance
of 129.9 feet, more or less to an intersection with the Westerly right of way line of the State Highway
Route 31 (formerly known as Route 61); thence Southerly on and along said Westerly boundary thereof,
being a curve to the left, having a radius of 3548 feet, an arc distance of 164.89 feet; thence Northwesterly
on a line drawn parallel with the Southwesterly boundary of land described in said Deed, a distance of
144.60 feet, to the intersection with the Southerly extension of the Northwesterly line of lands described
in said Deed, thence Northerly along said Southerly extension, a distance of 163.89 feet, to the point of
beginning, in McHenry County, Illinois.
PIN: 09-35-102-007
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Proposal
Following is a proposal for property improvements to 913 N. Front Street requiring
Special Use Permit approval. Several changes are planned to both the property and
building to enhance "curb appear' and improve overall functionality for use as an
automotive maintenance and quick service facility.
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The above survey reflects possible improvements via landscaping. Grass and a shallow
curb would be added to the south property line to isolate from adjacent property and
provide a natural look. Grass will also be enhanced in the village owned parkway running
along Front Street. Large planter pots with dwarf evergreens will flank the NE and SE
comers and main entrance of the building. All work will be completed in accordance with
village regulations.
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Doublenwall
2 OF 3
Lube Tanks
Double -wall Lube Tanks
Highland's Double -wall Lube Tanks are designed
to provide secondarily contained. yet economical
bulk oil and last tube oil storage. Highland Tank
manufactures Lube Tanks in a wide range of sizes
and capacities to meet replacement or now
construction dimensional specifications.
Note: The National Fire Projection Association (NFPA) Coda
30A specifies UL 742 listed tanks by reference to Code 30,
Section 2-2.3, jj(j) as appropriate for the storage Of 10fiCill(On
oils. Please request highland 'NFPA Lubrication Oil
Guidance'documeril for more details
Features
Innovative Design Highland engineers
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Superior Steel Welded Construction
Highland engineered these tanks to endure the
rigors of the fast tube service industry, meeting
and surpassing rigid UL-142 design criteria.
Integral Structural Supports Supports
welded to the underside of each tank minimize
corrosion concerns and allow lor easy visual
inspection.
41C) Hi0hiago Took
LUBE DIVISION
Welded Fittings Heavy duly, forged fittings for
fill, vent, gauge, emergency vent and pump
connections are welded into each tank.
Strategically Located Lifting Lugs Integral
lifting lugs are located to facilitate unloading
and placement of the tank. but not hinder its
use.
Red Primer Faint Primary coating provides
economical yet effective surfaoa condition
protection. 0
General Arrangement
2'FiTTINGTYPI CAL S PLACES 4' EMERGENCY FITTING
ILENGTH
—1
DEPTH
I
OUTER
TANK
Nominal Nominal Dimensions Approximate
Model Capacity Inside* Thickness Weight
(Gallons) Length Width ' Depth (Gauge) (lbs.)
inn 9.r. 79. 11n. V) m Ain
OF
Note: To determine overall dimensions: For Sizes D1.120—DI-2000Sadd 1.5' to length and width, and add Xio depth for overall height.
For all other sizes add 6' to length and width, and add 5' to depth for overall height.
Recommended Guideline Specifications
Furnish and install a Callon UL-142
double -wall, rectarg�lar —Lube Tank, — long
x — wide x _ deep, Tank shall
conlom to and be labeled in accordance with
Underwriters Laboratories Standard UL-142 for
double -wall tanks.
Double -wall tanks shall be of all welded construc-
tion, fabricated of thick mild carbon steel
for the inner tank. �� construction utilizes lap
joints with continuous lillet weld oil all outside
seams only. Tank shall include five 2' forged steel
fillings and one 4' of 6" forged steel fitting or an
18' ioose-bolt manhole for emergency venting.
Fabrication shall include 2' high supports welded
to the tank underside, providing ground clearance
for visual inspection.
Tank shall be coated with red primer.
Tank shall be fabricated by Highland Tank.
Highland tanks are air tested at the factory but MUST
be retested at the jobsita by the installer prior to
installation.
Warranty
The subject tank is warranted by Highland Tank & Mfg. Co.
to be free from defects In manufacturing, workmanship and
materials. Highland Tank will repair or replace, al Its sole
discretion F. 0. 8. factorl, within a period of one year after
date of shipment, any /tam of our manufacture. All other
items shall be warranted by their respective manufacturers.
Liability hereunder is limited, as Stated above, and does not
include labor, Insfallalion costs, indirect or consequential
damages of any kind. Tanks must be returned to the ladory
and if found to be defective upon examination, will to
repaired, replaced or credit will be issued at our option.
please visit us at www.hightandtank.com
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one Highland Road 99 West Elizabethtown Road 958 1 91h Street 2225 Chestnut Street 2700 Patterson Street 354 Roule I OB
6R� Greensboro, NC 27407 Somersworth. NH 0
TA Sloyslawn, PA 15563 Manheim. PA 17545 Watervliet. NY 12189 Lebanon, PA 17042 3878
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