HomeMy WebLinkAboutOrdinances - ORD-12-1585 - 05/07/2012 - CUP TO ALLOW O/S DISPLAY OF MERCHANDISE AND O/D STORDINANCE NO. ORD-12-1585
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
TO ALLOW OUTSIDE DISPLAY OF MERCHANDISE AND OUTDOOR STORAGE FOR
THE PROPERTY LOCATED AT 3622 W ELM STREET, 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 VII, 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 ftuictions as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by McHenry Power Equipment
requesting a Conditional Use Permit to allow outside display of merchandise and outdoor
storage for the property located at 3622 W Elm Street and legally described on Exhibit "A"
attached hereto and incorporated herein ("SUBJECT PROPERTY"); and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on April 19, 2012 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 PROPERTY is hereby granted a conditional use permit
to allow outdoor display of seasonal power equipment for sale on the SUBJECT PROPERTY
and outdoor storage of overstock merchandise items in substantial accordance with Exhibit B
attached hereto and incorporated herein subject to the following conditions:
1 . Outdoor storage area shall be limited to the north of the existing building and
storage area must be fully enclosed and secured with a solid fence, 100% opacity,
including some type of security control/device during non -business hours or at
least minimal security lighting; and
2. Outdoor storage area shall be limited to overstock merchandise only; and
3. Outdoor merchandise for sale shall consist of seasonal power equipment,
including: lawn mowers, snow removal equipment and the like however in no
case shall any piece of lawn mowing equipment be larger than a 60" zero -turn
mower be contained in the area designated on the plat of survey submitted as part
of the application; outdoor display shall not impede pedestrian or motor vehicle
access and circulation, inhibit handicapped accessibility in any mariner; and
4. Outdoor display and outdoor storage areas cannot occupy required customer or
employee parking spaces and shall not be located in any public right-of-way.
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 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 7�' Day of May, 2012.
AYES: Santi, Schaefer, Blake,
NAYS: Glab, Condon
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 7TH DAY OF MAY, 2012
ATTEST:
Q.'i_ C� "s-, fut_
C Y CLERK
Winuner, Peterson
/MAYOR
Exhibit A
Legal Description of the SUBJECT PROPERTY
LOTS 29 AND 30 IN BLOCK 6 IN A.P. FREUND'S MILLSTREAM PARK ADDITION UNIT NO. 1. A SUBDIVISION
OF PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 19, 1949 AS DOCUMENT
NO. 219945, IN BOOK 10 OF PLATS, PAGE 111, IN McHENRY COUNTY, ILLINOIS.
Exhibit B
Site Plan depicting outdoor display and storage areas
PLAT OF' SURVEY
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