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Home My WebLink AboutOrdinances - ORD-16-1775 - 02/15/2016 - 1112 N FRONT ST CUP/VARIANCESORDINANCE NO 16-1775 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN OPEN SALES LOT AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE PROPERTY LOCATED AT 1112 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 Next Auto Sales, 1112 N Front Street, McHenry, IL requesting a Conditional Use Permit to allow an open sales lot and a Variance from the Off -Street Parking and Loading Requirements 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 Permit and 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 Conditional Use Permit and 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: That the SUBJECT PROEPRTY is hereby granted a Conditional Use Permit to allow an Open Sales Lot and a Variance from the Off -Street Parking and Loading Requirements subject to the following conditions: • Outdoor display of leaking vehicles is prohibited. • Outdoor storage of inoperable vehicles, as defined by city ordinances is prohibited. • 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 Front Street rights -of -way and may be loaded/unloaded in the Waukegan Street right-of-way as -needed but cannot impede vehicular traffic. • All vehicles for display must be located on the Subject Property and not within City or State right-of-way. • Approval/confirmation from IDOT on the existing access points shall be obtained. • Parking/striping should generally be delineated as depicted on the site plan attached hereto and incorporated herein as Exhibit `B" with employee parking to the east of the building and customer -only parking immediately south and adjacent to the building. • Light trespass to the north, south and east from the subject property 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 adjacent residential to the north, east and south. • 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 unless a variance from the sign ordinance is approved by the City Council. • There shall be no outdoor music or entertainment of any kind without the applicant applying for a temporary use permit. • All new lighting standards and any other improvements not specifically addressed herein on the Subject Property shall comply with all applicable City ordinances including complying with minimum parking lot lighting requirements. 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: In granting said Variance, 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. S. 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 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published m pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: 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 Aye: Voting Nay: Not Voting: Abstaining: Absent: ATTEST: Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi None None None None Mayor Exhibit A Legal Description of the Subject Property I p 7V F y Of thet4 Lot i i in glock 2 {ourtf of 26, in ookn 4 of [)ee the ttaoF rth one — to Of Section0�g In°O� 2 Oria;nol est Du 14, ! of ih� p Southw rded ,"ne th, Ronge reco ii in Stock 2 Nor there°_ff -ec of Lot to�vnshiP 45.Nor9 at the h ()varier of �e tionfollows, sto -wit: feet, thence soothe o disfonce of i6 northeosterty descrrbeJ Lot it, then4oaid Lot said Lot line of soil line of s eostedY line the northerly . pOrolte! f z ALSO Sau#herly ie 0( therefrom the ling the 10 (,,,,pting thereof and 090PSectron 26 u Lof feet to the Plot o southerly i32 Southwest ccordin art of the according a, Third Principal }derldion, o County. litinois. FtJtJi�D IRON B' .198.00, REC 200 61" MEAS _ :ICEavALx (.rrp) 114. 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