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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