HomeMy WebLinkAboutOrdinances - O-94-659 - 05/18/1994 - GRANT CUP DAMBROWSKI 4910 W ELM STti
ORDINANCE NO. 0-94-659
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY,
BY GRANTING A CONDITIONAL USE PERMIT ON THE WITHIN DESCRIBED PROPERTY
WHEREAS, a written Petition signed by Walter J. and Joan H.
Dambrowski has been filed with the City Clerk of the City of McHenry,
Illinois requesting the granting of a Conditional Use Permit under the
provisions of the Zoning Ordinance of the City of McHenry, as amended,
for the following described property:
Lots 14, 15 and 16 in Block 21 in Lakeland Park Unit No,. 2, a
Subdivision of part of the Northwest Quarter and part of the
Southwest Quarter of Section 27, Township 45 North, Range 8
East of the Third Principal Meridian, according to the Plat
thereof recorded December 12, 1952 as Document No. 260030, in
Book 11 of Plats, page 66, in McHenry County, Illinois.
commonly known as 4910 W. Elm Street, and;
WHEREAS, said Petitioners are requesting the Conditional Use to
permit operation of an auto body repair facility on the subject
property; and
WHEREAS, proper notice was given and a hearing was held before
the City of McHenry Zoning Board of Appeals on April 18, 1994, at which
time the Zoning Board did take evidence and view exhibits presented by
the Petitioners, and;
WHEREAS, based on evidence heard, the Zoning Board of Appeals
found that there was no overriding reason for not granting the requested
Conditional Use Permit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY, ILLINOIS, as follows:
SECTION 1: The Zoning Board of Appeals did find, and the, City
Council concurs, that it would serve the interest of the City if a
Conditional Use Permit were granted for an auto body repair facility on
the subject property, in that:
A. Any adverse impact of types or volumes of traffic flow not
otherwise typical in the zoning district has been minimized.
B. 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.
C. 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.
D. 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.
E. 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.
F. The proposed use is in harmony with all other elements of
compatibility pertinent to the conditional use and its
particular location.
SECTION 2: That a Conditional Use Permit is hereby granted on the
foregoing legally described property, commonly known as 4910 W. Elm
Street, McHenry, Illinois, to permit the operation of an auto body
repair facility thereon, subject to the following conditions:
1. Staff approval of plans for landscaping, screening and
fencing;
2. The refuse area be limited to a ten foot by ten foot area.
3. No outside storage of vehicles, equipment, or supplies in
excess of a twenty-four hour period; and
4. All hazardous solutions must be stored in a closed,
fifty-five gallon drum, inside a locked, fenced -in concrete
dike area.
SECTION 3: All ordinances, or parts thereof, in conflict with the
terms and provisions hereof, be and the same 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, Illinois.
SECTION 5: This ordinance shall be in full force and effect from
and after its passage, approval and publication, as provided by law.
PASSED and APPROVED this 18th day of May, 1994.
AYES: Bolger, Locke, Bates Lawson, Baird
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
Mayor
ATTEST:
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City Cler