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Home My WebLink AboutOrdinances - ORD-15-1741 - 07/20/2015 - USE VARIANCE 1860 N RICHMOND ROADORDINANCE NO. 15-1741 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW AN OPEN SALES LOT; OUTDOOR STORAGE AND BULK FUEL STORAGE AT 1860 N RICHMOND ROAD 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 Big R Stores, 200 N Ernest Grove Parkway Watseka, IL 60970 ("Applicant") requesting a use variance to allow an open sales lot; outdoor storage and bulls fuel storage at 1860 N Richmond Road ("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 July 2, 2015 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (5-0) in favor of the 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 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 an open sales lot; outdoor storage and bulk fuel storage subject to the following conditions: • Size and locations of outdoor display and outdoor storage areas shall be in substantial conformance with the attached site plan attached hereto and incorporated herein as Exhibit B and major deviations from the attached site plan will require an amendment to the proposed use variance; • Written approval from the State Marshall shall be required for the bulk fuel tanks; • Bollards shall be placed around the bulls fuel tanks to protect against vehicles hitting the tanks; • A certificate of occupancy, including inspection of all proposed outdoor storage and display areas shall be obtained from the City of McHenry; • Outdoor display and storage areas consisting of 9,750 square -feet and 7,560 square -feet respectively shall be located outside of the 20' easement area located immediately south of McCullom Lake Road as depicted on the Plat of Survey of the subject property attached hereto and incorporated herein as Exhibit C; • Approved ingress and egress to and from the building at 1860 N Richmond Road must be maintained as required by the City's currently adopted building code and all other applicable ordinances, rules and regulations; • Sidewalk adjacent to and immediately west of the building shall not be reduced to a clear usable width of less than 48-inches at any time so as not to impeded pedestrian traffic; • A minimum of four -feet of horizontal clearance must be maintained between any outdoor display and, trees, landscaping, utility poles, sign poles, fire hydrants, shelters and other similar devices or structures; • Pedestrian and motor vehicle vision clearance must not be blocked, impeded and/or comprised at intersections, driveways, doors and signage by any outdoor display and/or storage area. Product being displayed and/or stored outdoors is not permitted to be located within two -feet of the latch side of any door; • Alcoholic beverages, tobacco, firearms, munitions, adult oriented items, or any other article or product that a minor (as defined by Federal, State, or local ordinance) is prohibited from purchasing by law, shall not be permitted to be displayed or stored outside of the building at 1860 N Richmond Road; • McHenry County Health Department approval must be obtained prior to placing anything outdoors or indoors that can be eaten, consumed or ingested or otherwise requires a permit for that agency; • Unless permitted by ordinance or approval is obtained by the City Council the use of signage, pennants, banners, flags lighting, electric amplification or noise malting devices shall not be used to attract attention to any of the outdoor display or storage areas; • Items located within outdoor displays and/or storage areas must be placed on an approved surface such as concrete, asphalt or paver bricks. Outdoor display and storage area items will not be permitted to be permanent anchored or secured to the ground or temporarily or permanently anchored to trees, signs, fire hydrants, or buildings; • All outdoor display and storage areas shall be kept neat and orderly and remain free from trash and debris at all times; • Outdoor display and storage areas shall maintain a minimum level of security lighting, using full cut-off fixtures. 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 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 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 20th day of July 2015. Voting Aye: Santi, Glab, Curry, Wimmer, Peterson Condon Voting Nay: None Abstaining: None Not Voting: None Absent: Schaefer ATTEST: �i Clerk Mayor EXHIBIT A PARCEL 1: LOT 1 IN MCULLOM PLACE, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 1, 1993, AS DOCUMENT 93RO73961 AND CERTIFICATE OF CORRECTION RECORDED MARCH 30, 1995 AS DOCUMENT 95R011195, IN MCHENRY COUNTY, ILLINOIS, EXCEPTING THEREFROM THAT PART TAKEN BY THE CITY OF MCHENRY IN CONDEMNATION CASE NO 03ED6 PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR STORM WATER DRAINAGE AS CREATED BY DRAINAGE EASEMENT DATED AS OF MARCH 6, 1992 FROM AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 8, 1977 AND KNOWN AS TRUST NO. 40362, TO DAYTON HUDSON CORPORATION, A MINNESOTA CORPORATION, RECORDED SEPTEMBER 9, 1992 AS DOCUMENT 92RO48706 PARCEL 3: NON-EXCLUSIVE EASEMENTS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY OPERATION AND EASEMENT AGREEMENT MADE BY AND AMONG DAYTON HUDSON CORPORATION, A MINNESOTA CORPORATION, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST AGREEMENT DATED APRIL 8, 1977 AND KNOWN AS TRUST NO. 40362 AND NORTH STAR DEVELOPMENT COMPANY, DATED AS OF JULY 6, 1992 AND RECORDED SEPTEMBER 9, 1992 AS DOCUMENT 92R048705, AS AMENDED BY FIRST AMENDMENTTO OPERATION AND EASEMENT AGREEMENT DATED NOVEMBER 8, 1993 AND RECORDED DECEMBER 8, 1993 AS DOCUMENT 93R075955, AS FURTHER AMENDED BY SECOND AMENDMENT TO OPERATION AND EASEMENT AGREEMENT DATED MAY 3, 1996 AND RECORDED MAY 3, 1996 AS DOCUMENT 96RO22583 PARCEL 4: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR STORM WATER DETENTION AS CREATED BY LAND USE AND EASEMENT AGREEMENT DATED SEPTEMBER.11, 1991 MADE BY PHILLIPS SHOPPING CENTER FUND LIMITED PARTNERSHIP, ET AL., RECORDED DECEMBER 18, 1991 AS DOCUMENT 91RO49063 AND RE -RECORDED AUGUST 10, 1992 AS DOCUMENT 9211043421. SUBJECT PARCEL (PARCEL 1) - 389,284 SQ. FT./8,937 ACRES EY 4L mmic. R.. I. — 31) I I I H 1,U-111 I 1111.111111 iH IFIETMIL STORES I TARGET I rti 2C -7.7-L 1aI - = -- -- L PRELIMINARY. -SITE 11-15M!��N I A toe U WALM PROPOSED. RETAIL DEVELOPMENT G.&H.UIEVELOPMENTGORPORATION KAPLAN MANGURTENARCHITF-CTS S.E.C. RICHMOND ROAD ([L RTE. 31) & MCCULLOM LAKE ROAD 333 W. WACKER DRIVE 1141'LAKE COOK ROAD Mcl-IENRY, ILLINOIS CHICAGO, ILUNOIS DEERFIELD, ILUNOIS NA ALTA/ACSM LAND TITLE SURVEY MOE'liz- -swn-q)