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HomeMy WebLinkAboutOrdinances - ORD-06-1348 - 11/13/2006 - GRANT CUP OUTDOOR STORAGE 3908 JOHN ST PRUCHNIAK (ORDINANCE NO, ORD-06=1348 AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR OUTDOOR STORAGE OF WORK -RELATED MATERIAL, PORTABLE TOILETS AND VEHICLES FOR COMMUNITY SEWER & SEPTIC LOCATED AT 3908 JOHN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Robert Pruclvuak, of Community Sewer & Septic Inc., requesting a Conditional Use Permit to allow outdoor storage of work -related material, portable toilets and work -related vehicles for the property legally described on "Exhibit A", 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 August 17, 2006, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission recommending approval of the requested Conditional Use Permit was approved (4-1) with two members absent; and WHEREAS, the City Council has considered the evidence and recommendations 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 PROPERTY is granted a Conditional Use Permit to allow outdoor storage of work -related materials, portable toilets, and work -related vehicles, in accordance with the site plan prepared by the applicant, attached hereto as Exhibit B and subject to the following conditions: 1) No trucks used or septic tank waste pumping shall be stored outside on the premises and no trucks used for septic tank waste pumping shall be stored inside unless emptied and cleaned; 2) No septic tank waste odors shall emanate from the site and the City Council shall be informed immediately of any violations; 3) Portable toilets shall not be cleaned on the premises: 4) Portable toilets must be clean while on the premises; 5) An 8' privacy fence shall be constructed around the entire perimeter of the site; 6) A maximum of 50 portable toilets shall be stored on the site at any one time; and 7) The Conditional Use Permit, as conditioned herein, shall be valid for three (3) years from the date of adoption of this ordinance. Thereafter, the owner shall be required to appear before the City Council on an annual basis to renew the Conditional Use Permit for continued compliance with the requirements of Table 31. SECTION 2: In granting said Conditional Use Permit, the City Council finds that 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. 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: 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 to full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. mrrin 1 7TH Pt . P'�SSED ! ril- t. % ✓r.Y %F NOVEMBER 2� A1TS: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS ATTEST: "flz CITY CLERK 13TH DAY OF NOVEMBER 2 'MAYOR 2006 EXHIBIT A Legal Description of the Subject Property Parcel 1: Lot 7 in Block 4 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded June 14, 1859 in Book 24 of Deeds, Page 23, in McHenry County, Illinois. Parcel 2: That part of Sub -Lot 3 of Lot 6 of County Clerk's Subdivision of Block 4 of the Plat of West McHenry, a subdivision of part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point, the Southeast corner of said Lot 6; thence Northerly along the Easterly line of said Lot 6, 132 feet to a point, the Southwesterly Corner of Lot 3 in Block 4; Thence Westerly along a line being the Southerly line of said Lot 3 extended, 33 feet to a point; Thence Southerly and parallel to the Easterly line of said Lot 6, 132 feet to a point; thence Easterly 33 feet to the place of beginning, said plat being recorded may 6, 1902, in Book 2 of Plats, Page 39, in McHenry County, Illinois. ?e Pf,Jperi /�iru e 4 3"o fG'rUV� 1'L o'ij �,� 4�,4 1Jo y �•� 5� 2 S�ora � UPI FTdek P"% �Y? erg v r y �r,4f U' r'�T Qp^•' v �'rUG%Ci to C�v'r f�mC.v�' � qr@ct p slier L�rn n i v n r zu�c� Sep7/ c' - L 916--36,3 -Z/2"/)9' 0 61-av'e, - C--Z 19 A (/�� WAY �' " � S77!'•Gt.c� CL, C, ,fir brory 1'''je�G�