HomeMy WebLinkAboutOrdinances - ORD-08-1409 - 01/14/2008 - AMEND CUP AT 4611 W ELM ST WILLIAM WALSHORDINANCE NO. ORD-08-1409
AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT FOR
OUTSIDE STORAGE, DISPLAY AND SALE AT 4611 W. ELM STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City Council of the City of McHenry previously approved Ordinance 05-1252
granting a Conditional Use Permit to allow the outdoor storage of cars, trucks and job -related items and
the outdoor display and sale of pontoon trailers at 4611 W. Elm Street in the City of McHeiuy, legally
described on "Exhibit A", attached hereto and incorporated herein, (the "SUBJECT PROPERTY"); and
WHEREAS, William Walsh (the "APPLICANT") has submitted a letter to the City requesting
approval to allow the outdoor storage and sale of gazebos, wooden playsets, outdoor kitchens, arbors and
pergolas on the SUBJECT PROPERTY; and
WHEREAS, the Zoning Ordinance of the City of McHenry states that the City Council has the
ability to approve an expansion, alteration or amendment to a Conditional Use or may send the item back
to the Planning and Zoning Commission for a public hearing; and
WHEREAS, the City Council has considered the evidence presented and fmds that the approval
of the request 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 and should be approved without sending
the matter back to the Planning and Zoning Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That Ordinance 05-1252, granting a Conditional Use Permit to allow the outdoor
storage of cars, trucks and job -related items and the outdoor display and sale of pontoon trailers on the
SUBJECT PROPERTY, is hereby amended to prohibit the outdoor display and sale of pontoon trailers
and instead, allow the outdoor storage, display and sale of gazebos, wooden playsets, outdoor kitchens,
arbors and pergolas in accordance with the site plan attached hereto and incorporated herein as Exhibit
"B",
SECTION 2: In granting said amendment to the 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 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 14T WAY OF I A N U A R Y , 2008
AYES: SANTI, SCHAEFER, M.URGATROYD, WINANIER, PETERSON, CONDON
NAYS:
ABSTAINED:
GLAB
NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 14TH DAY OF
ATTEST:
CI
CL
C
JANUARY _ 2008
2
Y
YOR
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 centerline 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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