HomeMy WebLinkAboutOrdinances - ORD-09-1472 - 07/06/2009 - GRANT CUP OUTSIDE STORAGE CONJUNCTION WITH LANDSCAORDINANCE NO. ORD-09-1472
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
FOR OUTSIDE STORAGE IN CONJUNCTION WITH THE OPERATION OF A
LANDSCAPE CONTRACTOR'S OFFICE
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City requesting a conditional use permit
for outside storage for the property located at 3966 W Dayton Street and 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 June 18, 2009, in the manner prescribed by ordinance and statute, and
as a result of said hearing, the Planning and Zoning Commission did recommend to the City
Council the granting of the requested conditional use permit; and
WHEREAS, the City Council has considered the evidence and recommendation 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 PROEPRTY is hereby granted a conditional use
permit for the outside storage of vehicles, trailers, equipment and landscape materials which
are directly related to the landscape contractor's business and subject to the following
conditions:
1. The property shall be cleared of all debris and inoperable vehicles and/or
equipment.
2. There shall be no storage of anything other than operable vehicles, trailers,
equipment or landscape materials which are directly related to the business on the
property.
3. The outdoor storage area shall be on an approved paved surface, fenced and kept in
an orderly fashion.
4. That the aggregate section located immediately south of the landscape storage area
be paved with an approved surface or alternatively converted to grass.
SECTION 2: That the approval of the conditional use permit as provided in this
ordinance is granted subject to the condition that motorcycles and automobiles shall not be
stored on the SUBJECT PROPERTY.
SECTION 3: In granting said conditional use permit, the City Council finds that the
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
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 and APAPROVED THIS 6TH DAY OF JULY__, 2009
AYES:
Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon
NAYS:
None
ABSTAINED:
None
ABSENT:
None
NOT VOTING
None
,,MAYOR
ATTEST:
VUL
CIT C RK
Exhibit A
Legal Description
3966 West Dayton Street
Lot 5 in Tonyan's Industrial Park Unit No 1, being a subdivision in the northeast quarter of
Section 11, Township 44 north, Range 8 east of the third principal meridian, according to the
plat thereof recorded April 13, 1977 as Document No. 691537 in McHenry County, Illinois