HomeMy WebLinkAboutOrdinances - O-96-773 - 02/07/1996 - GRANT RECLASS USE VARIANCE AND CUP SHELL OIL 3110SHELL OIL PRODUCTS )
REGARDING ) ORDINANCE NO 0-96-773
3110 W ELM STREET )
MCHENRY IL 60050 ) ZONING FILE NO Z-399(37)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION, USE VARIANCE AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed by Shell Oil Products has been filed with the City Clerk of
the City of McHenry, Illinois requesting the following zoning changes:
1. reclassification from E Estate Zoning district to C5 Highway Commercial
District;
2. use variance to permit the subject premises to be used as an automobile service
station located within 600 feet of another automobile service station;
3. conditional use permit to allow the operation of an automobile service station
with a food mart and liquor sales on the subject premises;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 3110 West Elm Street, McHenry Illinois 60050, 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
27, 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 zoning reclassification, use variance and conditional use permit
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, use variance and conditional use permits
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 3110 West Elm Street and legally described in Exhibit A:
A. reclassification from E Estate Zoning district to C5 Highway Commercial
District;
B. use variance to permit the subject premises to be used as an automobile service
station within 600 feet of another automobile service station;
C. conditional use permit to allow the operation of an automobile service station
with a food mart and liquor sales on the subject premises.
Section 2: That the City Council finds in granting the reclassification, the following findings
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
399(37)
Page 2
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 use variance, the following findings 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.
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 4: That the City Council finds in granting the conditional use permit, the following
findings 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 employees,
patrons, or visitors associated with the use nor of the general public in the vicinity.
` 399(37)
Page 3
F. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
Section 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
are hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 7: 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 7th day of Fehnia_jY , 1996.
NAYS: None
ABSTAINED: None
ABSENT:
NOT VOTING: None
Approved this 7 th day of February 19.96.
i
MAYOR
ATTEST:
CITY CLERK
Sp f, I I Of(--
A
1. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
LOT 7 (EXCEPT THE NORTH 46 FEET THEREOF) AND LOTS 8 AND 9 (EXCEPT
THAT PORTION OF LOTS 7, 6 AND 9 DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF SAID LOT 7;.THENCE ON AN ASSUMED BEARING
NORTH 00 DEGREES 13 MINUTES 15 SECONDS..EAST ALONG THE WEST LINE OF
SAID LOT 7, A DISTANCE OF 30.0 FEET TO A,';:POINT; THENCE SOUTH 45
DEGREES 21 MINUTES 10 SECONDS EAST 28.00'FEET; THENCE SOUTH 87
DEGREES 42 MINUTES 28 SECONDS EAST 178.08 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 9; THENCE SOUTH 89 DEGREES 04 MINUTES 25 SECONDS
WEST ALONG THE SOUTH LINE OF LOTS 9, 8 AND 7, A DISTANCE OF
198.00 FEET TO THE POINT OF BEGINNING), ALL IN BLOCK 7 IN THE
ORIGINAL PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST SIDE OF
THE FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN
BOOK "B" OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER: 09-26-481-012