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Home My WebLink AboutOrdinances - ORD-12-1605 - 10/15/2012 - CUP TO ALLOW MOTOR VEHICLE AND TRAILER REPAIR ANDDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO ORD-12-1605 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE AND TRAILER REPAIR AND OUTSIDE STORAGE OF VEHICLES AND TRAILERS FOR THE PROPERTY LOCATED AT 1302 BORDEN 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 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 Mark Annunziata (dba Hard Rock Repair Inc.) requesting a Conditional Use Permit to allow motor vehicle and trailer repair and outside storage of vehicles and trailers for the property located at 1302 Borden Drive 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 September 20, 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 motor vehicle and trailer repair and outside storage of vehicles and trailers with the following conditions: • The property shall be cleared of any miscellaneous debris and all overgrown vegetation be trimmed and continually maintained (immediately); • The building shall be painted to the extent it's visually attractive and exterior rust is removed (next 9 months following City Council approval); Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us • There shall be no outdoor storage of anything other than vehicles/trailers being repaired on -site and/or awaiting repair; • The property shall connect to city water and sewer (1-2 months following City Council approval); • Outdoor storage of leaking vehicles is prohibited; • Outdoor storage of inoperable vehicles, as defined by city ordinances, is prohibited; • Outdoor storage area is limited to the east of the existing building and storage area must be secured, including some type of security control/device during non -business hours or at least minimal security lighting; • All repair work shall be conducted within the building; • Outdoor storage area shall not be accessible to the general public; • Installation of a minimum 85-100% opaque, minimum six-foot fence shall be required to fully enclose/screen outdoor storage from Borden Street or alternatively smaller sections of fencing shall be constructed along with the use of natural vegetation as specified in the staff report (1-2 months following City Council approval). 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 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 Department of Community& Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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 and Approved this 15th day of October, 2012. AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. NAYS: None. ABSTAINED: None. ABSENT: None. NOT VOTING: None. ATTEST: - A(vOku-c- CITY Ct 0 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property I'llat pAtril. of the souiliwest Quartcr or8cclinji 26, Townnhip 45 North, kfuige 9 East orilhe Thild pria0pal mcf1difin, dUk%;ri1xz as coliowli. Conitimidpig ma m4c 2 tods North I I dcgrict-N Wesl livil) a sl6kii in lilio comor of ftuktgan Read, which utake stAnJa North 74 1/4 dogrft5l Wc%l, R. 94) 01111111 ftoin i he intcrpc,;ti ort of tho euntcr fini: of Ff uni Stivet in wilm MCI 11my with the imnTer line (if WitAcgon Jkivd, Wing the Squihwtsiarly corner of a tracl of land conveyed by churle.4 11. Pitrks lind W114, to C111fietine Wirk by Warzanly Deed cecoided. 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