HomeMy WebLinkAboutOrdinances - ORD-09-1451 - 01/05/2009 - GRANT AMENDMENT CUP SECOND ACCESSORY BLDG 4724 W CORDINANCE NO.ORD-09-1451
AN ORDINANCE GRANTING AN AMENDMENT TO EXISTING CONDITIONAL USE
PERMIT 0-95-709 TO ALLOW A SECOND ACCESSORY BUILIDNG FOR THE PROPERTY
LOCATED AT 4724 W CRYSTAL LAKE ROAD IN THE CITY OF MCHENRY, MCII ENRY
COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by McHenry Community High School District
156 requesting an amendment to an existing Conditional Use Permit to allow to allow a second accessory
building for the property legally described on "Exhibit A", attached hereto and incorporated herein (the
"SUBJECT PROPERTY"), and
WHEREAS, the City Council has considered the evidence and finds that the approval of the
requested Amendment to the existing 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 be granted an amendment to existing Conditional
Use Permit 0-95-709 to allow a second 120 square foot accessory building on the SUBJECT
PROPERTY.
SECTION 2_ In granting said amended 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;
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 5T'H DAY OF January, 2009
AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon._
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 5`h DAY OF January, 2009
MAYOR
ATTEST:
P
COY CLERK
EXHIBIT A
Legal Description of Subject Property
That part of the West Half of Section 34, Township 45 North, Range 8 East of
the Third Principal Meridian, described as follows: to -wit: Commencing at the
point of intersection with the East and West quarter line of said Section 34
and the center line of Crystal Lake Road; thence North 33 degrees 47 minutes
East along the center line of said road, 835.84 feet more or less, to a point
of curvature, said curve having a radius of 2,864.93 feet; thence North 56
degrees 13 minutes West, 116.0 feet, for the place of beginning of this
description; thence South 33 degrees 47 minutes West, 1►155.0 feet to a point
of curvature; thence Southwesterly along a curved line convex Southeasterly
having a radius of 180.0 feet for an arc distance of 119.119 feet, to a point
of tangency; thence South 71 degrees 42 minutes West, tangent with the last
described curve, 64.75 feet to a point of curvature; thence North 74 degrees
49 minutes 25 seconds West, 525.82 feet; thence South 77 degrees 57 minutes 10
seconds West, 175.0 feet to a point on a curved line convex Westerly, 'having a
radius of 478.0 feet; thence Northerly along the last described curve an arc
distance of 272.087 feet,' to a point of tangency; thence North 20 degrees 34
minutes East, tangent with the last described curve 213.0 feet, to a point of
curvature; thence Northerly along a curved line convex Easterly, having a
radius of 479.02 feet, for an arc distance of 293.533 feet; thence North 59
degrees 15 minutes 11 seconds West, 210.395 feet; thence North 30 degrees 08
minutes 36 seconds West, 262.472 feet; thence North 45 degrees 58 minutes
East, 512.297 feet, to a point of curvature; thence Northeasterly along a
curved line convex Northeasterly, having a radius of 141.0 feet for an arc
distance of 72.93 feet; thence North 14 degrees 23 minutes 51 secorz3s West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Northwesterly, having a radius.of 261.0 feet; thence Easterly along the
last described curve for an arc distance of 80.0 feet; thence South 3 degrees
09 minutes 52 seconds West, radial to the last described curve, 120.0 feet, to
a point on the aforementioned curve having a radius of 141.0 feet; thence
Southeasterly along said curve for an arc distance of 60.01 feet, to a point
of tangency; thence South 62 degrees 27 minutes East, tangent with the last
described curve, 395.0 feet, to a point of curvature; thence Easterly along a
curved line convex Southerly having a radius of 500.0 feet, for an arc
distance of 552.632 feet, thence North 35 degrees 46 minutes 37 seconds West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Southerly having a radius of 380 feet; thence Northeasterly along said
curve for an arc distance of 25.0 feet; thence South 37 degrees 43 minutes 07
seconds East 569.073 feet; thence South 33 degrees 47 minutes West, 45'.0 feet
to the place of beginning, in McHenry County, Illinois and also Lot A in Boone
Valley Plat No. 7, being a Subdivision of part of the west Half of Section 34,
Township'45 North, Range 8, East of the Third Principal Meridian, according to
the Plat thereof recorded August 23, 1973 as Document No. 601785 in McHenry
County, Illinois.
Commonly known as: 4724 W. Crystal Lake Road, McHenry, Illinois 60050