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HomeMy WebLinkAboutOrdinances - ORD-16-1774 - 02/15/2016 - 908 N FRONT ST CUPORDINANCE NO 16-1774 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW MOTOR VEHICLE AND TRAILER REPAIR AND MOTOR VEHICLE BODY SHOP AND AN OPEN SALES LOT, (REPAIR AND BODY WORK, INCLUDING REBUILDING AND RESTORATION AS WELL AS OUTSIDE DISPLAY AND SALE PRIMARILY OF MOTORCYCLES AND APPURTENANCES) AND A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AS A PRINCIPAL USE (PRIMARILY FOR THE RENTAL OF U-HAUL-TYPE VEHICLES AND EQUIPMENT) AT 908 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 American Customs, Inc., 908 Front Street Unit B, McHenry, IL 60050 requesting approval of a Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) and a Conditional Use Permit to allow outdoor storage as a principal use (for the rental of U-Haul-type vehicles and equipment) for 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 January 20, 2016 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 Permits; 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 Permits 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 PROEERTY is hereby granted Conditional Use Permit to allow motor vehicle and trailer repair and motor vehicle body shop and an open sales lot, (repair and body work, including rebuilding and restoration as well as outside display and sale primarily of motorcycles and appurtenances) in Unit B and a Conditional Use Permit to allow outdoor storage as a principal use (primarily for the rental of U-Haul-type vehicles and equipment) subject to the following conditions: • Outdoor storage of inoperable vehicles, as defined in the City's Municipal Code is prohibited. • All vehicles which may potentially leak automobile fluids shall be stored inside only. • Outdoor storage of U-Haul trucks and trailers shall not exceed a total of ten at any one time on the subject property. • Applicant shall restripe parking for Units A, B and C as well as U-Haul truck and trailer storage areas no later than June 30, 2016. • Outside display of merchandise cannot occupy any required off-street parking spaces. • All motorcycle/vehicle repair and/or body work shall be limited to the interior of the building. 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 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 conflic5t. 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 February 2016. Voting Ave: Voting Nay: Not Voting: Abstaining: Absent: ATTEST: CondonPetersonWimmer, Curry , , , Schaefer, Glab, Santi None None None None Mayor Exhibit A Legal Description of the Subject Property Exhibit A Legal Description of the SUBJECT PROPERTY The property is legally described as follows: Parcel 1: That part of Outlot 5 described as follows: commencing at the northeasterly corner of Sublot 1 of Outlot 5 aforesaid and also bring the northwesterly corner of Sublot 3 of said Outlot 5; thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5, a distance of 20.56 feet; thence southerly parallel with the westerly lines of Sublots 2 and 3 of said Outlot 5, for a distance of 40 feet for a place of beginning; thence north 78 degrees, 57 minutes west, 346.16 feet to an intersection with the easterly line of state highway 31; thence southerly on a curved line to the left (radius of 3468 feet) and being along the easterly boundary of said state highway, a distance of 120 feet to a point; thence south 85 degrees and 37 minutes east 350 feet to appoint; thence north parallel with the westerly boundary line of Sublots 2 and 3 of said Outlot 5, 80 feet to the point of beginning, of West McHenry, being a subdivision of part of the northwest quarter of Section 35, Township 45 North, Range 8 East of the third principal meridian, according to the plat thereof recorded June 14, 1859, in Book 24 of Deeds, Page 22, in McHenry County, Illinois. Also, Parcel 2: The northerly 16 feet of the following described property: part of Sublot 1 of Outlot 5 of the original plat of West McHenry, situated in the northwest quarter of Section 35, township 45 North, Range 8 East of the third principal meridian according to the plat thereof recorded June 14, 1859 in Book 24 of Deeds Page 22 described as follows: commencing at the northeasterly corner of Sublot 1 of Outlot 5 and also being the northwesterly corner of Sublot 3 of Outlot-5; thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5; a distance of 20.56 feet; thence southerly parallel with the westerly boundary of Sublots 2 and 3 of said Outlot 5, a distance of 120 feet to a point for a place of beginning; thence southerly on a continuation of the last described line, 50.08 feet; thence north 85 degrees 37 minutes west 352.15 feet more or less to an intersection with the easterly right-of-way line of the state highway 31; thence northerly on a curved line to the right (radius of 3468 feet) and being along said right-of-way line 50 feet; thence south 85 degrees 37 minutes east, 350 feet to the place of beginning, in McHenry County, Illinois. Also, Parcel 3: Part of Sublot 1 of Outlot 5 of the original plat of West McHenry, situated in the northwest quarter of Section 35, Township 45 North, Range 8 East of the third principal meridian, according to the plat thereof recorded June 14, 1859 in Book 24 of Deeds, Page 22 described as follows: commencing at the northeasterly corner of Sublot 1 of said Outlot 5 and also being the northwesterly corner of Sublot. 3 of Outlot 5; thence north 75 degrees 32 minutes west along the northerly line of said Outlot 5, 20.56 feet to a point for a place of beginning; thence southerly parallel with the westerly boundary of Sublot 3 of Outlot 5 aforesaid, a distance of 40 feet to a point; thence north 78 degrees 57 minutes west 346.16 feet to an intersection with the easterly boundary of state highway 31; thence northeasterly along the easterly boundary of said state highway, being on a curved line to -the right (radius of 3468 feet) and being along the easterly boundary of said state highway, a distance of 60 feet to an intersection with the northerly line of Sublot 1 of Outlot 5 aforesaid; thence south 75 degrees 32 minutes east 344.5 feet to the place of beginning, in McHenry County, Illinois. Property Index Numbers of the subject property are 09-35-105-002 and 09-35-105-003.