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HomeMy WebLinkAboutOrdinances - ORD-11-1556 - 09/26/2011 - CUP OUTDOOR STORAGE 1319 NORTH DRORDINANCE NO. ORD-I 1-1556 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF VEHICLES ASSOCIATED WITH A TOWING BUSINESS OPERATION FORTHE PROPERTY LOCATED AT 1319 NORTH DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article V11, Section 6, of the Constitution Of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of lllinois� and WHEREAS, a petition has been filed by Best Way Towing requesting a Conditional Use Permit to allow outdoor storage of vehicles, 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 September 8, 2011, 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 recommendations 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 to allow outdoor storage of vehicles, directly related to the towing business operation at 13 19 North Drive subject to the following conditions: I . The property shall be cleared of any miscellaneous debris; 2. There shall be no outside storage of anything other than vehicles which are directly tied to the business on the property� 3. The outdoor storage area shall remain inaccessible to the general public an be maintained so that grass/weeds are not growing and vehicles shall be stored in an orderly manner; 4. All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall be stored only inside the building; 5. The chain link fence enclosing the outside storage area shall include horizontal slats for screening-, SECTION 2: 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: I 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 han-noniously 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 envirortmental 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 ,hall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED AND APPROVED THIS 26 T" DAY OF SEPTEMBER, 2011. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None ATTESTi - /�qlo k Q_Q_ C , /X� CIT 7K L) Exhibit A Legal Description of the SUBJECT PROPERTY Part of the southwest quarter of fractional section 26, township 45 north, range 8, east of the third principal meridian described as follows: commencingat the intersection of the west line of North Drive and the north line ofWest Avenue as shown by Plat of A.P. Freund's Mill Stream Park Addition No. I to McHenry dated October 14, 1948 and recorded as Document No 219945 in Book 10 of Plats, Page I H; thence west along a line being the north line of West Avenue extended westerly, 130.7 feet to the easterly line of a certain parcel of land conveyed by O.W. Klontz, as trustee, to C.E. Carson by deed dated July 31, 1940 and recorded in the Recorder's Office of McHenry County, Illinois in Book 263 of Deeds, Page 3 10; thence northwesterly, along; said easterly line of the above descfibed tract of land, 235.41 feet to a place of beginning� thence easterly, parallel with the north line of the aforesaid West Avenue extended, 200.33 feet to the west line of the aforesaid North Drive; thence southerly, along the west line of North Drive, 90.00 feet; thence westerly, parallel with the north line of West Avenue extended. 180.75 feet to the place of beginning, in the City of McHenry, McHenry County, Illinois.