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HomeMy WebLinkAboutOrdinances - ORD-12-1598 - 08/27/2012 - CUP FOR MINI WAREHOUSES AND USE VARIANCE TO ALLOWORDINANCE NO. ORD-12-1598 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR MINI WAREHOUSES AND USE VARIANCE TO ALLOW FIVE PRINCIPAL BUILDINGS AND TWO PRINCIPAL LAND USES FOR THE PROPERTY LOCATED AT 305 N FRONT 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 functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Thomas N. Grieco (Tommy's Transfer Station) requesting a Conditional Use Permit for mini warehouses and Use Variance to allow five (5) principal buildings and two (2) land uses on one lot for the property located at 305 N Front Street and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, public hearings on said petition was held before the Planning and Zoning Commission on July 19, 2012 and August 2, 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 Use Variance; 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 Use Variance 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 mini warehouses and Use Variance to allow five (5) principal buildings and two (2) land uses, mini warehouses and future retail use, on one lot in accordance with the site and landscape plans and building elevations ("SITE PLAN") attached hereto and incorporated herein as Exhibit B and with the condition the applicant must comply with all current City of McHenry ordinances, rules and regulations at such time the storage use, located within the easternmost building on the SITE PLAN and fronting on Illinois Route 3 1, on the SUBJECT PROPERTY is converted to accommodate a retail or any other use(s). 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: 1. Any adverse impact of types or volumes of traffic flow not other -wise 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: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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 THIS 27' DAY OF AUGUST, 2012 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Condon NAYS: None ABSTAINED: None ABSENT: Peterson NOT VOTING: None APPROVED THIS 27 T' DAY OF AUGUST, 2012 e 6; �7� - ATTEST: CITY(7 0 Exhibit A Legal Description The north 195.50 feet (as measured on the east line thereof]i of the southwest quarter of the southwest quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, lying west of westerly line of Illinois State Highway No. 31, in McHenry County Illinois EXHIBIT B I t Co rn rn q LiLl LlLi J� c EXHIBIT 3 Lu w1l mp s image.cid (JPEG Image, 3264 x 2448 pixels) - Scaled (36%) https://mail.Entechengineering.com/webmaillmailAttach/image.... EXHIBIT B 1 of 1 8/21112 6:49 IM