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HomeMy WebLinkAboutOrdinances - ORD-18-1861 - 03/19/2018 - CUP TOWING BUSINESS 3014 ROUTE 120ORDINANCE NO 18-1861 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE OF VEHICLES IN CONJUNCTION WITH A TOWING BUSINESS FOR THE PROPERTY LOCATED AT 3014 W ILLINOIS ROUTE 120, 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 Rick Miller, 7603 S Oak Road Wonder Lake, IL 60097 ("Applicant") with the City, Douglas and Peggy Hudson, 820 Belle Meade Island Drive, Miami, Florida 33138 ("Property Owners"), requesting a Conditional Use Permit to allow outdoor storage of vehicles in conjunction with a towing business on the property located at 3014 W Illinois Route 120. 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 outdoor storage of vehicles in conjunction with a towing business in accordance with the following conditions: • The property shall be cleared of any miscellaneous debris within 30 days of City Council approval and; • There shall be no storage of anything other than vehicles which are directly -tied to the business on the property and; • The outdoor storage area shall remain inaccessible to the general public and maintained so grass/weeds are not growing and vehicles stored in an orderly manner. • All vehicles which may potentially leak automobile fluids, shall be stored inside only. • The fence shall be fitted with slats on all sides so the storage yard is not visible to the general public, within 30 days of City Council approval. • The fence shall be repaired, so it is completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. • The fence shall be repaired, so it is completely erect and upright and completely enclosed so there are no gaps, within 30 days of City Council approval. 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: Voting Nay: Absent: ayo e Jett ATTEST: Deputy City Clerk Marci Geraghty A LEGAL DESCRIPTION (LD: c632): Lot 8 (except that part described as follows: Beginning at the Southwest corner of Lot 8 thence on an assumed bearing of North 14 degrees 09 minutes 07 seconds East along the West line thereof 15.33 feet to a point on a curve having a radius of 2,529.12 feet and being concentric with the centerline of Illinois Route 120, the center of circle of said curve bears South 12 degrees 57 minutes 19 seconds West from said point; thence Southeasterly 66.63 feet along said curve having a central angle of 1 degree 30 minutes 34 seconds to a point on the East line of Lot 8; thence South 14 degrees 09 minutes 07 seconds West along said East line 15.84 feet to the Southeast corner of Lot 8; thence North 75 degrees 50 minutes 53 seconds West along the South line of Lot 8 a distance of 66.62 feet to the point of beginning) in Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of the Southwest Quarter of Section 25,.Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 16, 1923 as Document No. 60164, in Book 4 of Plats, page 99, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-353-017 STREET ADDRESS: 3014 Route 120 McHenry, IL 60050 ---•-- '.+-nnn�. o,--A r_ n' Ha 1 1 gran .