HomeMy WebLinkAboutOrdinances - ORD-07-1366 - 03/12/2007 - GRANT CUP OUTDOOR STORAGE VEHICLES 908 N FRONT ST-may ('1�1
ORDINANCE NO. ORD-07-1366
AN ORDINANCE GRANTING A CONDITONAL USE PERMIT FOR OUTDOOR STORAGE
OF VEHICLES IN CONJUNCTION WITH AN AUTOMOBILE REPAIR FACILITY
AT 908 NORTH FRONT STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Pablo Gomez, of Primo Auto Repair.,
requesting a Conditional Use Permit to allow outdoor storage of vehicles in conjunction with an
automobile repair facility 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 February 15, 2007, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Comrission
recommending approval of the requested Conditional Use Permit was (5-0) 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 vehicles in conjunction with an automobile repair facility, in accordance with the site
plan prepared by the applicant, attached hereto as Exhibit B and subject to the following conditions:
1. The Conditional Use Permit shall be null and void if the motor vehicle repair shop ceases
operation for ninety (90) consecutive days.
2. The outdoor storage shall be limited to six (6) vehicles that have been dropped -off for repair or
waiting to be picked up after being repaired and under no circumstance shall vehicles being under
repair be located outside.
3. The location of these vehicles should be limited to just outside the tenant space, along the north
side of the building or along side the existing chain link fence to the rear of the property and all
parking spaces shall be properly striped.
4. The applicant shall obtain all necessary building and occupancy permits to operate his business.
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:
L 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
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 in full force and effect from and after its passage, approval,
and publication in pamphlet form as provided by law.
PASSED THIS 1 2TH DAY OF TRru , 2007
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, CONDON.
NAYS: NONE
ABSTAINED: NONE
ABSENT: PETERSON
NOT VOTING: W n N E
APPROVED THIS 12TH DAY OF MARCH . 2007
MAYOR
ATTEST:
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CITY CLERK �.
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PARCEL 1: THAT PART OF JUT -LOT 5 DESCRIBED AS FOLLOWS: C NCING AT THE
NORTHEASTERLY CORNER OF SUB -LOT 1 OF OUT -LOT 5 AFORESAID AND ALSO BEING THE
NORTHWESTERLY CORNER OF SUB -LOT 3 OF SAID OUT -LOT 5; THENCE NORTH 75 DEGREES, 32
XINUTES WEST ALONG THE NORTHERLY LINE OF SAID OUT -LOT 5, A DISTANCE OF 20.56
FEET; THENCE SOUTHERLY PARALLEL WITH THE W6STERL'i LINES ON SUB -LOTS 2 AND 3 OF
SAID OUT -LOT 5, FOR A DISTANCE OF 40 FEET FOR A PLACE OF BROWNING; THENCE NORTH
78 DEGREES, 57 MINUTES WEST, 346.16 FEET TO AN INT'ERSECTIOi WITH EASTMMY LINE OF
STATE HIGHWAY 31; THENCE SOUTHERLY ON A CURVED LINE TO THE LEFT (RADIUS OF 3468
FEET) AM BEING ALONG THS EASTERLY BOUNDARY OF SAID STATE HIGHWAY, A DISTANC3 OF
170 FEET TO A POINT; THENCE SOUTH 85 DEGREES AND 37 M INCTIS ]LAST 350 FEET TO A
POINT; THENCE NORTH PARALLEL WITH THE WESTERLY BOUNDARY LIRE OF SUB -LOTS 2 AND 3--,
OF SAID OUT -LOT 5, 80 FEET TO THE POINT OF BEGINNING, OF WEST MCHENRY, BRING A
SUbDXVISION OF YnFc'i OF 7iib NCJRT• 4EST QUARTHA OF SECTION 35, TOV&SHIP 45 NORTH, •�
; AN''GE 8 EAST CF THE THIRD PRINCIPAL NZRIDI«IT, ACCO.MM. TO THE PLAT THEREOF
RECORDED JUNE 14, 1859 IN BOOK 24 OF DEEDS, PAGE 22, IN NCHENRY COMM, ILLINOIS;
ALSO
PARCEL 2: THE NORTHERLY 16 FEET OF THE FOLLOWING DESCRIBED PROPERTY: PART OF
_ SUS -LOT 1 OF OUT -LOT 5 OF THE ORIGINAL PLAT OF WEST UMMUR7, Sn'URTED lit THE
NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THI THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED ,TUNE 14, 18S9 IN BOOK < C?�
24 OF DSSDS PAGN 22 DESCRIBED AS FOLLOWS: COt!1lZNCING AT THE NORTHEASTERLY CORNER �
OF SUS -LOT 1 OF OUT -LOT 5 AND ALSO BEING THE NORTHWESTERLY CORNER OF SUB -LOT 3 OF
OUT -LOT 5; THENCE NORTH 75 DEGREES 32 XINUTES WEST ALONG THE NORTHERLY LINE OF
SAID OUT -LOT 5; A DISTANCS OF 20.56 VEST; THENCE SOUTHERLY PARALLEL WITH THE
WESTERLY BOUNDARY OF SUB -LOTS 2 AND 3 OF SAID OUT -LOT 5, A DISTANCE OF 120 FEET
TO A POINT FOR A PLACE OF BEGINNING; THENCE SOUTHERLY 011 A CONT-iNOATION OF THE
LAST DESCRIBED LINE. 50.08 FEET; THENCE NORTH 85 DEGREES 37 MnMIS WEST 352.15
FEET MORE OR LE38 TO AN INTERSECTION WTTH THE EASTERLY RIGHT OF WAY LIMY OF THS
STATE HIGHWAY 321 THENCE XCZTH&RLY ON A CURViW LINZ TO THE RIGHT (RADIUS OF 3468
FEET) AND BSZSG ALONG SIAD RIGHT OF WAY LING 50 FEET; ThXNCR SOUTH 85 DEGREES 37
MINUTES NAST, 350 FRET TO THE PLACE OF BEGINNING, IN N=NRY COUNTY, ILLINOIS.
ALSO
PARCEL 3: PART OF SUB -LOT 1 OF OUT -LOT 5 OF THE ORIGINAL PLAT OF WEST XCHENRY,
SITUAT= IN THE NORTHMRST 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, PAGN 22, DESCRIBED AS POLLOWSi COMMENCING AT THE
4CltTHZAST23ZLY CCP=R OF SUBS - LC T I or SAID OUT - � 5 x1,m ; ; SO BEZ= T?6a
r�j l
NORTRVEMRLY CORNER OF SUB -LOT 3 OF OLT-LOT 5; THENCE NORTH 75 DEGREES 32 �'`
MINUTES WEST ALONG THE NORTHERLY LINE OF SAID OUT -LOT 5, 20.56 PERT TO A POINT
FOR A PLACE OF BEGINNING; TSHNCR SOUTHERLY PARALLEL WITH THE WESTERLY BOUNDARY OF r ��
SUB -LOT 3 OF OUT -LOT S AFORESAID, A DISTANCZ OF 40 FEET TO A POINT; THENCE NORTH r f
78 DEGREES 57 MINUTES WEST 346.16 FEET TO AN INTERSECTION MI:H TH8 EASTERLY
BOUNDARY OF THE STATE HIGHWAY 31; THENCE NORTHEASTERLY ALOIM THE EASTERLY
BOUNDARY OF SAID STATE HIGHWAY, BEING ON A CURVED LINE TO THE RIGHT (RF.DIUS OF
3468 FEET) AND BEING ALONG THE EASTERLY BOUNDARY OF SAID STATE HIGHWAY, A
DISTANCE OF 60 PERT TO AN ZNTERSECTION WITH THE NORTHERLY LINT OF SUB -LOT 1 OF
OUT -LOT 5 AFORESAID; THENCE SOUTH 75 DEGREES 32 MINUTES EAST 344.6 FEET TO THR
PLACE OF BEGINNING, IN lBMmNP.Y COUNTY, ILLINOI5.
96-63-2093
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