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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. N 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 3 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. 4 P-YW13iT CF i<� P� o 150 Q0, C " Iq I•1 Non! a O� ,$S' P � - o � � O \� 70.0'. 24.2r ' •� o Ss 18• "�I.r • _l N O � ip a ad y o yy ?g p 2,.Z6 . t 0 0 ss•O o � da 0 ti C silt Cn cn+c one °� O 0 4 I CRY m • '1 4 qo B/tlgl a. • o b�liQC�r g��aLocic n% Ax Jv ....... 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