HomeMy WebLinkAboutOrdinances - ORD-05-1252 - 01/31/2005 - GRANT CUP OUTDOOR STORAGE 4611 W ELM WILLIAM WALSHORDINANCE NO. ORD-05-1252
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO
ALLOW THE OUTDOOR STORAGE OF CARS, TRUCKS AND JOB RELATED ITEMS AND
OUTDOOR SALE OF PONTOON TRAILERS AT 4611 W. ELM STREET IN THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by William Walsh, requesting a Conditional Use Permit
to allow the outdoor storage of cars, trucks and job related items and outdoor sale of pontoon trailers at 4611 W. Elm
Street, legally described on attached Exhibit "A", the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and 'Zoning
Commission on December 2, 2004, 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, 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 SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow the
outdoor storage of cars, trucks and job related items subject to the following conditions:
1. Storage shall be limited to the area shown on the plat of survey, attached hereto and incorporated
herein as Exhibit 'B".
2. Only cars, boats and other job -related items shall be stored outside.
3. A gate, similar in style to the existing fence, shall be installed prior to May 1, 2005.
4. The entire outdoor storage area shall be paved prior to May 1, 2005.
5. The storage area gate shall be kept closed at all times, except when being accessed.
6. In order to monitor the use, the Conditional Use Permit shall expire one year from the date of
approval by the City Council. After the initial one-year period, the applicant shall appear before
the City Council for a one-year extension or longer as determined by the Council.
SECTION 2: That the SUBJECT PROPERTY is hereby granted a Conditional Use Permit to allow the
outdoor sale of pontoon trailers subject to the following conditions:
1. Outdoor sales area is limited to the area shown on the plat of survey, attached hereto and
incorporated herein by reference as Exhibit 'B".
2. No more than five (5) pontoon trailers shall be displayed at any one time.
3. Only pontoon trailers shall be displayed.
4. The entire outdoor display area shall be paved prior to May 1, 2005.
5. The outdoor display area shall be screened on 3 sides (east, south and west) with fencing or
evergreen landscaping. A transparent style fence (chain link excluded) with gate shall be placed
along the north side. Fencing/landscaping shall be installed prior to May 1, 2005.
Delivery of the pontoon trailers shall be at off times, i.e.: late at night or early in the morning.
In order to monitor the use, the Conditional Use Permit shall expire one year from the date of
approval by the City Council. After the initial one-year period, the applicant shall appear before
the City Council for a one-year extension or longer as determined by the Council.
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:
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 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 31ST DAY OF JANUARY 12005
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS 31ST DAY OF _ JANUARY , 2005
ATTEST:
CITY CLERK,
MAYOR
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lots 7, 8 and 9 in Block 3 in Lakeland Shores Unit No. 3, being a Subdivision of part of the
north half of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third
Principal Meridian, lying South of the center line of State Route 120 according to the plat thereof
recorded April 25, 1958 as Document No. 337444 in Book 13 of Plats, page 55 and as amended
by Certificate of Correction recorded May 9, 1958 as Document No. 338057, in McHenry
County, Illinois.
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