HomeMy WebLinkAboutOrdinances - O-96-761 - 01/31/1996 - GRANT RECLASS CUP AND USE VARIANCE OLIVER MCH WELJOHN AND DIANE OLIVER )
MCHENRY WELDING ) ORDINANCE NO n _ 9 6 _ 7 61
AND THE CITY OF MCHENRY ) ^
REGARDING )
2912 WEST ROUTE 120 ) ZONING FILE NO Z-399(28)
MCHENRY IL 60050 )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
RECLASSIFICATION, CONDITIONAL USE AND USE VARIANCE THEREON..
Whereas, a written Petition signed by John and Diane Oliver and the City of McHenry has been
filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change:
1. reclassification from E Estate Zoning District to C5 Highway Commercial District;
2. conditional use permit to allow the following uses on the subject premises: outdoor
advertizing sign; open sales lot; outside storage; motor vehicle service and repair;
welding and fabrication; boat repairs; trailer repairs.
3. use variance to permit the existing single family residence on the subject premises.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2912 West Route 120, McHenry Illinois, and legally described on Exhibit A
attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November
20, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented
thereat 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 zoning reclassification, conditional use permit and use
variance as requested; and,
Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that
it would serve the interests of the City if said reclassification, conditional use permit and use variance
were granted for the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby
granted on the property commonly known as 2912 West Route 120, McHenry Illinois 60050, and legally
described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial District;
B. conditional use permit to allow the following uses on the subject premises: outdoor
advertizing sign; open sales lot; outside storage; motor vehicle service and repair;
welding and fabrication; boat repairs; trailer repairs.
C. use variance to permit the existing single family residence on the subject premises.
399(28)
Page 2
Section 2: That the City Council finds that in granting the reclassification, the following criteria
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
B. The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
C. The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any changed conditions since the
adoption of the Plan.
D. The proposed use or zoning classification promotes the public interest and not solely the
interest of the applicant.
Section 3: That the City Council finds in granting the conditional use permit, the following
criteria have been proved before this body:
A. Any adverse impact of types of 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 or 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 employes,
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 4: That the City Council finds in granting the use variance, the following criteria have
been proved before this body:
A. The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structure, or the use of the land, would result in unnecessary and undue
hardship upon the applicant, as distinguished from mere inconvenience.
B. The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the Zoning Ordinance for the pertinent zoning
district.
399(28)
Page 3
C. Special circumstances exist that are peculiar to the property for which the Use Variance
is sought and they do not apply generally to other properties in the same zoning district.
D. 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.
E. The granting of a Use Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City.
Section 5: That in granting said conditional use permit the following restrictions are hereby
placed upon the subject property:
A. The open sales lot shall be limited to a maximum of two spaces on the subject premises:
one on lot 17 and one on lot 18.
B. The outside storage shall be restricted to the following area:
north and east of the commercial building on lot 17;
north and west of the welding shop on lot 18.
Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 7: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section : 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 this
31 s t day of
January, 1996.
AYES: Bolger Locke Bates Lawson Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Approved this -11 G t day of Ianiiary 1996.
MAY
OR
R O
ATTEST:
CITY LERK
DUu&e CJ � aLf W -d-1-11114
,�7x /1� ��t 74
LEGAL DESCRIPTION (LD: c632):
Lots 17 and 18 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,
excepting and reserving therefrom that part as condemned by the State of
Illinois in Circuit Court Case No. 92-ED-8 and as described in a Lis Pendens
Notice recorded as Document No. 92R 005052 in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-25-354-003, as to Lot 17; and
09-25-354-004, as to Lot 18
STREET ADDRESS: 2914 W. Route 120 McHenry, IL_ 60050