HomeMy WebLinkAboutOrdinances - ORD-16-1776 - 02/15/2016 - 1401 NORTH DR USE VARIANCEL 93 t1_\- 19 UN a \I 1:i 11 1
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A MOTOR VEHICLE AND
TRAILER REPAIR AND BODY SHOP, AS WELL AS OUTDOOR STORAGE IN
CONJUNCTION WITH A MOTOR VEHICLE AND TRAILER REPAIR AND BODY SHOP
AT 1401 NORTH 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 Ben Fossler, Advanced Fleet Repair, 732
Tek Drive Units F, G and H, Crystal Lake, IL 60014 requesting a use variance to allow a motor vehicle
and trailer repair and body shop, as well as outdoor storage in conjunction with a motor vehicle and
trailer repair and body shop on the 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 January 20, 2016 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended
approval of a 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 Use
Variance to allow motor vehicle and trailer repair and body shop, as well as outdoor storage in
conjunction with a motor vehicle and trailer repair and body shop subject to the following conditions:
• The property shall be cleared of any miscellaneous debris.
• There shall be no storage of anything other than vehicles which are directly -tied to the business
on the property (those associated directly associated with the business and those being
repaired).
• The outdoor storage area shall remain inaccessible to the general public and maintained so
grass/weeds are not growing on unpaved areas, and vehicles stored in an orderly manner.
• All inoperable vehicles, as well as vehicles which may potentially leak automobile fluids, shall
be stored inside only.
• Minimal security lighting shall be maintained to the west of the building, within the storage
area.
• There shall be no light trespass to the residential area to the east.
• All repair work shall be completed inside the building.
• Vehicle storage shall be located to the west of the building and enclosed within a fenced4n
area.
SECTION IIn 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 15th day of February 2016.
Voting Ave:
Voting Nay:
Not Voting:
Abstaining:
Absent:
ATTEST:
Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
None
None
None
None
Mayor
Exhibit A
Legal Description of Subject Property
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