HomeMy WebLinkAboutOrdinances - ORD-06-1351 - 11/20/2006 - GRANT CUP AND VARIANCES MTFPD STATION NO 4GA,� - �--�
h:
ORDINANCE NO.ORD-06-1351
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A CONDITIONAL
PUBLIC USE, A VARIANCE TO EXCEED THE MAXIMUM DRIVEWAY WIDTH AND A
VARIANCE TO EXCEED THE MAXIMUM PERMITTED SOUND LEVELS FOR THE
MCHENRY TOWNSHIP FIRE DISTRICT STATION # 4 LOCATED ON DARTMOOR DRIVE
WEST OF CURRAN ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by McHenry Township Fire District requesting
a Conditional Use Permit and Variances to allow the construction of Station # 4 in the Shamrock Farms
(Legend Lakes) Subdivision 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 November 2, 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 unanimously approved; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Variance to exceed the maximum driveway width was
unanimously approved; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Variance to exceed the maximum sound levels was unanimously
approved;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 and Variances
are 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 be granted a Conditional Use Permit to allow a new
fire station on the SUBJECT PROPERTY, provided the site is developed in substantial accordance with the
site plan dated 10/24/06, the elevations, dated 10/19/06, the landscape plan, dated 10/24/06, and the
lighting plan dated 10/24/06, all prepared by Sente Rubel Bosman Lee Architects Ltd., attached hereto as
Exhibit B.
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. Traffic Analysis. Any adverse impact of types or volumes of traffic flow not otherwise typical in
the zoning district has been minimized.
2. Environmental Nuisance. 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.
Neighborhood Character. 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 environment quality, property values, or
neighborhood character already existing in the area or normally associated with Permitted uses in
the district.
4. Public Services and Facilities. 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. Public Safety and Health. 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.
6. Other Factors. The proposed use is in harmony with all other elements of compatibility pertinent
to the conditional use and its particular location.
SECTION 3: That the SUBJECT PROPERTY be granted a Variance to exceed the maximum
driveway width of 36-feet along Dartmoor Drive, and a Variance to exceed the maximum sound levels
permitted by the Zoning Ordinance for a back-up diesel generator, provided the site is developed in
substantial accordance with the site plan dated 10/24/06, the elevations, dated 10/19/06, the landscape plan,
dated 10/24/06, and the lighting plan dated 10/24/06, all prepared by Sente Rubel Bosman Lee Architects
Ltd., attached hereto as Exhibit B.
SECTION 4: In granting said Variances, the City Council finds that the requirements of Table 32
of the Zoning Ordinance have been met in that:
1. Special Circumstances Not Found Elsewhere. Special circumstances exist that are peculiar to
the property for which the variances are sought and do not apply generally to other properties
in the same zoning district. These circumstances are not of so general or recurrent a nature as
to make it reasonably practical to provide a general regulation to cover them.
2. Circumstances Relate to the Property Only. The special circumstances referenced herein relate
only to the physical character of the building for which variances are sought.
3. Not Resulting from Applicant Action. The special circumstances that are the basis for variances
have not resulted from any act of the applicant.
Unnecessary Hardship. The strict application of the provisions of this Ordinance would result
in unnecessary and undue hardship upon the applicant, as distinguished from mere
inconvenience.
5. Preserves Rights Conferred by District. Variances are necessary for the applicant to preserve
and enjoy a substantial property right possessed by other properties in the same zoning district
and does not confer a special privilege ordinarily denied to the properties in the district.
6. Necessary.for Use of Property. The granting of these variances is necessary not because they
will increase the applicant's economic return, although it may have this effect, but because
without the variances the applicant will be deprived of any reasonable use or enjoyment of the
property.
7. Not alter- Local Character. The granting of these variances will not alter the essential character
of the locality nor substantially impair environmental quality, property values, or public safety
or welfare in the vicinity.
Consistent With Ordinance and Plan. The granting of these variances will be in harmony with
the general purpose and intent of the Zoning Code and Comprehensive Plan of the City.
9. Minimum Variance Recommended. The variances recommended by the Planning and Zoning
Commission and approved by the City Council are the minimum required to provide the
applicant with reasonable use and enjoyment of the property.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 6: 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 7: This Ordinance shall be in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
20TH
PASSED THIS DAY OF
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
NOVEMBER .2006
APPROVED THIS 20TH DAY OF NOVEMBER , 2006
r
MAYOR
ATTEST:
EXHIBIT A
Legal Description of the Subject Property
Outlot G in Shamrock Farms Subdivision — Neighborhood 3, being a Subdivision of part of the
Northeast Quarter, the Southeast Quarter and the Southwest Quarter of Section 32 and part of the
Northwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal
Meridian according to the plat thereof recorded November 7, 2002 as Document No.
2002R0103432 in McHenry County, Illinois.
4
z=
mZ
9
Cf) O
m N
oC�
mM
m
m D
Cn
mD
00
zo
1
k
EE
Im
1 111 Ili ii;
Ln
0
rD
CD
9'
RI
MW
I
z�
mz
co
mm=
o r m
D
m
a (A o
N D
O
O° 11
0
i
I
F
E
2
t
a
A1
El
----------------------------------
I
_;.�.
li
m
I
�i•'
i�I �I'i :I
I I�i
I� I
I i
r
O
--------------------------------------------------------------------
------------------
- m
7
e
eD
_ ;a
lD
�
t
a N W
CD
z=
mT
cn o
0m=
Dry
or-
0 M
" COo
rn �0
zj
O
Zo
n