HomeMy WebLinkAboutOrdinances - ORD-09-1456 - 02/02/2009 - GRANT CUP AUTO SERVICE STATION AND OUTSIDE SALES LORDINANCE NO. ORD-09-1456
AIN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR AN AUTOMOBILE SERVICE STATION AND OUTSIDE SALES LOT AND VARIANCES
FOR REAR YARD SETBACK, SIDE YARD SETBACK, LANDSCAPING AND SCREENING
AND LIGHTING FOR THE PROPERTY LOCATED AT 917 N FRONT STREET IN THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Ernie Baggio of B & B
Automotive requesting a Conditional Use Permit to allow an automobile service station and an
outside sales lot and variances for rear yard setback, side yard setback. landscaping and
screening and lighting 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 January 22, 2009, 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 and Variances were
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
permit an automobile service station and automobile sales lot in substantial accordance with the
site plan prepared by the applicant, attached hereto as Exhibit B, provided that a maximum of
seven (7) vehicles are permitted on the sales lot at any given time.
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:
The requested use will not adversely impact traffic not otherwise typical for permitted
users in the zoning district,
The requested use will not create an environmental nuisance with any adverse effects of
noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of
permitted uses in the zoning district;
3. The requested use will fit harmoniously with the existing natural or man-made character
of the surrounding area;
4. The requested use will not require community facilities or services not otherwise typical
for permitted uses in the zoning district;
5. The requested use will not be detrimental to the safety or health of the emplovees, patrons
or visitors associated with the use, nor the general public in the vicinity; and
6. The requested 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 Variances to allow a rear yard
setback reduction from fifteen (15) feet to eight (8) feet.; side yard setback reductions from ten
(10) feet to two (2) feet; Variance from the ten -foot parking screening strip and thirty (30)
percent foundation base landscape requirements and the lighting requirements to allow the
continued use of the existing lighting on the site in the parking area provided that the applicant
utilize concrete planters, a minimum of three (3) in front of the building, as well as additional
new building fagade lighting in accordance with the City's lighting ordinance, in substantial
accordance with the site plan prepared by the applicant, attached hereto as Exhibit B.
SECTION 4: In granting said variance, the City Council finds that the requirements of Table 32
of the Zoning Ordinance have been met in that:
1. Special circumstances exist that are peculiar to the property for which the variance is sought
and that do not apply generally to other properties in the same zoning district. And 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. The special circumstances referenced herein relate only to the physical character of the land
or building(s) for which the variance is sought, such as dimension, topography, or soil
conditions. They do not concern any business or activity the present or prospective owner or
tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial
circumstances of such owner or tenant or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted from any act of
the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary
and undue hardship upon the applicant, as distinguished from a mere inconvenience.
5. A Variance is 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 other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's economic
return, although it may have this effect, but because without the variance the applicant will be
deprived of any reasonable use or enjoyment of the property.
7. The granting of a Variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values, or public safety or welfare in the
vicinity.
8. The granting of a Variance will be in harmony with the general purpose and intent of the
Zonimg Ordinance and of the Comprehensive Plan of the City, as viewed in light of any
changed conditions since their adoption.
9. The Variance requested is 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.
PASSED THIS 2"d DAY OF February, 2009
AYES: Santi, Schaefer, Murgatroyd, Wimmer
NAYS: Glab
ABSTAINED: None
ABSENT: ]Peterson, Condon
NOT VOTING: None
APPROVED THIS 2nd DAY OF February, 2009
MAYOR
ATTEST:
CIT CL K
Exhibit A
Legal Description
PIN 09-3 5-102-006 and 09-3 5-102-013
Commencing at the southeast corner of Lot 1 in block 13 of the original plat of the Village of
McHenry, according to the plat thereof recorded June 24, 1859 in Book 24 of Deeds, Page 22,
thence westerly along the southerly line of said Block 13, 132 feet; then southerly parallel
with the easterly line of said Block 13 extended, a distance of 51 feet for a place of beginning:
then continuing southerly parallel with the easterly line of said Block 13, a distance of 81 feet;
thence easterly parallel with the southerly line of said Block 13, a distance of 132 feet; thence
northerly of the easterly line of said Block 13 extended, and along the westerly street line of
Front Street, a distance of 66 feet; thence westerly parallel with the southerly line of the said
Block 13, a distance of 45 feet, to the place of beginning, being a part of the northwest quarter
of Section 35, Township 45 North, Range 8 east of the third principal meridian, in McHenry
County, Illinois