HomeMy WebLinkAboutOrdinances - ORD-12-1601 - 09/24/2012 - USE VARIANCE TO ALLOW SHOOTING INSTRUCTION AND TRAORDINANCE NO. ORD-12-1601
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW SHOOTING
INSTRUCTION AND TRAINING RANGE IN CONJUNCTION WITH A RETAIL
SPORTING GOODS STORE AT 3705 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 finictions as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Dr. Bertam P. Irslinger and
Thomas & Linda Sullivan co -applicants, requesting a use variance to allow a shooting
instruction and training range on the SUBJECT PROPERTY, legally described on Exhibit A,
attached hereto and incorporated herein, and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on August 16, 2012 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended approval of a use variance; and
WHEREAS, the City Council has considered the evidence and recommendations from
the Planning and Zoning Commission; however, the City Council finds that the approval of the
requested 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a
shooting instruction and training range on the SUBJECT PROPERTY, subject to the following
conditions:
1 . Use Variance shall be null and void if the indoor tactical firearms range ceases
operation for 90 consecutive days, but this does not include unforeseen circumstances
which unexpectedly may occur and are not within the applicant's control, such as act of
nature, flood, fire, etc.;
2. If the business is sold or another party, other than the applicant, assumes operations of
the business in the future, staff must be notified and all conditions listed herein must be
adhered to;
3. Parking for the retail and firearms range at any one time must be legally maintained on -
site unless prior arrangements have been made and approved by staff;
4. Business operation shall not be permitted to open unless all building issues, including
sound mitigation measures, are properly installed and tested for compliance with City
ordinances prior to the issuance of a certificate of occupancy;
5. A Knox Box shall be installed allowing 24/7 emergency access, by either of the
McHenry Police Department and/or the McHenry Township Fire Protection District;
6. Indoor and outdoor surveillance cameras shall be installed to allow monitoring of the
entire facility inside and outside and surveillance video/tapes shall be maintained,
allowing use by law enforcement personnel solely if there is a need to do so, such as a
criminal investigation;
7. The number of shooters shall be limited to the number of firing points or stations
identified on the building plans;
8. A burglary alarm system shall be installed prior to obtaining an occupancy permit, to
detect break-ins or unauthorized access inside the building;
9. The applicant is required to obtain an amendment to the use variance if and when the
shooting range is physically altered from the originally approved building and
engineering plans submitted to the City and constitutes a substantial deviation from the
approved plans;
10. The storage of ammunition and firearms on -site shall comply with all applicable city,
state and federal ordinances; and
11. The proposed shooting range must comply with all applicable local, state and federal
laws, rules and regulations regarding the design, construction and operation.
SECTION 2: 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
generOy 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 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 and approved this 24th day of September, 2012
AYES: Santi, Blake, Wimmer, Peterson, Condon
NAYS: Glab
ABSTAINED: None
ABSENT: Schaefer
NOT VOTING: None
ATTEST:
%Q'q_Q- '�4QeJ
CIT L
WY ro
Exhibit A
Legal Description of the SUBJECT PROPERTY
The property consists of 1.18 acres more or less, and is located at 3705 W. Elm Street,
McHenry, Illinois 60050 which is legally described as follows:
PT LT 9, S 1/2
MCHENRY PLAT NO 8
PT LT 9, SE '/,, SW '/,
MCHENRY PLAT NO 8
PIN: 09-26-380-001 and 09-26-380-015