HomeMy WebLinkAboutOrdinances - ORD-15-1764 - 12/07/2015 - CUP & VARIANCES SUNNYSIDE 4810 W ELM STORDINANCE NO 15-1764
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES
LOT, MOTOR VEHICLE AND TRAILER REPAIR AND VARIANCES FROM THE ZONING ORDINANCE
PERTAINING TO LANDSCAPING AND SCREENING AND BUILDING SETBACK REQUIREMENTS
AND VARIANCES FROM THE SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE
PERTAINING TO MULTIPLE DRIVEWAYS AND EXCEEDING MAXIMUM PERMISSIBLE DRIVEWAY
WIDTH FOR THE PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF 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 functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Sunnyside Company -Chrysler
Dodge Ram, 4810 W Elm Street, McHenry, IL 60050 ("Applicant") requesting a Conditional Use
Permit to allow an Open Sales Lot as a Principal Use (north and south sides of Elm Street);
Conditional Use Permit to allow Motor Vehicle and Trailer Repair (north side of Elm Street
only); Variances from Article V. Commercial Districts Table 6: Commercial District
Requirements (north side of Elm Street only); Variances from Article Vill. Landscaping and
Screening (north side of Elm Street only) and Variances from the Subdivision Control and
Development Ordinance relating to Driveways and Parking Lots (north side of Elm Street only)
on the property 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 November 19, 2015 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 Variances; 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 Variances 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 PROEPRTY is hereby granted a Conditional Use Permit to
allow an Open Sales Lot as a Principal Use (north and south sides of Elm Street) and a
Conditional Use Permit to allow a Motor Vehicle and Trailer Repair on the Subject Property,
(north side of Elm Street only), subject to the following conditions:
• Outdoor display of leaking vehicles is prohibited;
• Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited;
• All repair work shall be conducted within the building (north side of Elm);
• Vehicles for sale should not impede access or circulation and cannot occupy required
customer or employee parking spaces.
• Vehicles shall be not loaded or unloaded within the Commercial or Elm Street rights -of -
way.
• Approval from the Illinois Department of Transportation [DOT shall be secured prior to
the applicant receiving a certificate of occupancy.
• Parking/striping should generally be delineated in the locations depicted on the site plan
prepared by Warren Kostak, Architect dated November 9, 2012 consisting of one sheet
attached hereto and incorporated herein as Exhibit B (the "SITE PLAN").
• Vehicles displayed north and south of Elm, shall not impede site lines or protrude into
the right-of-way.
• Employee parking shall generally be to the west and north of the building as delineated
on the SITE PLAN (north side of Elm Street).
• Light trespass to the north from the portion of the SUBJECT PROPERTY north of Elm and
south from the portion of the SUBJECT PROPERTY located south of Elm Street shall be
prohibited and any after -hour security lighting shall be minimal or controlled by motion
sensors. All lighting shall be shielded directly onto the lot away from Lakeland Shores
Subdivision on the south side of Elm and Lakeland Park Subdivision on the north side of
Elm Street. Glare from the lighting should be minimized to the greatest extent practical,
and the use of the full cut-off fixtures shall be required.
• Outdoor storage is prohibited on the SUBJECT PROPERTY north and south of Elm Street.
• Towing of vehicles shall only be permitted to bring vehicles to and from the site and not
as a primary function of the business operation of selling vehicles.
• Vehicles displayed shall be kept in an orderly manner.
• Use of pennants, streamers, etc. on vehicles being displayed or on the building/site is
prohibited.
• There shall be no outdoor music or entertainment of any kind without the applicant
applying for a temporary use permit.
• Lot west of the building on the north side of Elm shall be paved.
SECTION 2: In granting said Conditional Use Permits, 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
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.
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 3: That the SUBJECT PROEPRTY is hereby granted Variances from Article V.
Commercial Districts Table 6: Commercial District Requirements to allow a required front yard
of six (6) feet and Variances from Article Vill. Landscaping and Screening to eliminate the
requirement for fountain base plantings and a residential screening strip on the on the SUBJECT
PROPERTY, north side of Elm Street, subject to the following conditions:
• A hedgerow of low -growing shrubs shall be placed adjacent to the parking areas on the
north and south sides of Elm Street to screen headlights from shining onto Elm Street.
• Building addition shall be in substantial conformance with floor plan and elevation dated
and prepared by Gillespie Design Group with a latest revision date of October 27, 2015
consisting of one (1) sheet attached hereto and incorporated herein as Exhibit C
("BUILDING ELEVATION AND FLOOR PLAN").
• All new lighting standards and any other improvements not specifically addressed herein
on the SUBJECT PROPERTY, north and south of Elm Street, shall comply with all
applicable City ordinances.
SECTION 4: In granting said Variances the City Council finds that the requirements of
Table 32 of the Zoning Ordinance have been met in that:
1. Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the
same zoning district. And these circumstances are not of so general or recurrent
a nature as to make it reasonably practical to provide a general regulation to
cover them.
2. The special circumstances referenced herein relate only to the physical character
of the land or building(s) for which the variance is sought, such as dimension,
topography, or soil conditions. They do not concern any business or activity the
present or prospective owner or tenant carries on, or seeks to carry on, therein,
not to the personal, business, or financial circumstances of such owner or tenant
or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have not resulted
from any act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a
mere inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the
applicant's economic return, although it may have this effect, but because
without the variance the applicant will be deprived of any reasonable use or
enjoyment of the property.
7. The granting of a 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.
8. The granting of a Variance will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as
viewed in light of any changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
SECTION 5: That the SUBJECT PROEPRTY is hereby granted Variances from T-5.2 Non -
Residential Driveways and Parking Lots of the Subdivision Control and Development Ordinance
to allow three driveways and to exceed the maximum driveway width permissible for a
driveway on the north side of Elm Street.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 7th day of DECEMBER 2015.
Voting Aye: Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
Voting Nay: None
Not Voting: None
Abstaining: None
Absent: None
Mayor
ATTEST:
Exhibit A
Legal Description of the Subject Property
North Side of Elm Street: Lots 5, 6, 7, 8, 9, 10, 11 and 12; 09-27-302-007-014 (1.38 acres)
South Side of Elm Street: Lots 13, 14 and 15; 09-27-303-013 thru 015 (.83 acres)
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