HomeMy WebLinkAboutOrdinances - ORD-18-1860 - 03/19/2018 - CUP 4719 W ELM ST OPEN SALES LOTORDINANCE NO 18-1860
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO AN OPEN
SALES LOT FOR THE PROPERTY LOCATED AT 4719 W 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 by Yousef Dabbagh, 2438 Fen View Circle, Island
Lake, IL 60042 ("Applicant and Contract Purchaser") with the City, Terry and Lancz Wilborn,
P.O. Box 7246, Algonquin, IL 60102 ("Property Owners"), requesting a Conditional Use Permit
to allow an open sales lot on the property located at 4719 W Elm Street. The property is 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 February 14, 2018 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
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 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 PROPERTY is hereby granted a conditional use permit
to allow an open sales lot in accordance with the following conditions:
• All requirements of the zoning ordinance (lighting, landscaping, setbacks, etc.) and
building code are met, with respect to the modular building, prior to receipt of full
Certificate of Occupancy for a temporary building;
• Applicant must file building permit application for a new building and repave entire lot
within two years of City Council approval, contemporaneously with the construction of
the new 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.
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 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 Adopted this 19th day of March 2018.
Voting Aye: CURRY, SANTI, CONDON, DEVINE, GLAB, MIHEVC, SCHAEFER
Voting Nay: NONE
Absent: NONE
_W
a or Wayne Jett
ATTEST:
i Vto-,LE
Deputy City Clerk Marci ragh
EXHIBIT A
4719 W ELM STREET
LEGAL DESCRIPTION
DOC 2003RO131310 LT 18 /EX PT OUT FOR ROW/ BLK 2 LAKELAND SHORES UNIT 3 CITY OF
MCHENRY