HomeMy WebLinkAboutOrdinances - ORD-16-1768 - 01/18/2016 - USE VARIANCE - U-HAUL 2019 N RICHMOND RDORDINANCE NO. 16-1768
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW OUTDOOR STORAGE OF
COMMERCIAL VEHICLES IN CONJUNCTION WITH THE OPERATION OF A MINI WAREHOUSE
FACILITY, ALONG WITH OUTDOOR SALE AND STORAGE OF BULK FUEL FOR THE PROPERTY
LOCATED AT 2019 N RICHMOND ROAD 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 with the City by Americo Real Estate Company, 2727
N Central Avenue, Phoenix, AZ 85004 ("Applicant") requesting a use variance to allow to allow
outdoor storage of commercial vehicles in conjunction with the operation of a mini warehouse
facility, along with outdoor sale and storage of bulk fuel for the property located at 2019
Richmond Road and legally described on Exhibit A, attached hereto and incorporated herein;
and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on December 16, 2015 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission voted (5-0)
in favor of the use variance; 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 use variance 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow outdoor
storage of commercial vehicles in conjunction with the operation of a mini warehouse facility,
along with outdoor sale and storage of bulk fuel subject to the following conditions:
• Size and locations of outdoor storage area (truck shunting area); propane storage area
and proposed landscaping shall be in substantial conformance with the attached site
plan, attached hereto and incorporated herein as Exhibit B ("Site Plan"). All major
deviations from the attached Site Plan will require an amendment to the proposed use
variance.
• SUBJECT PROPERTYshall maintain minimal security lighting, in additional to complying
with parking lot lighting standards, while the facility is closed.
• Outdoor storage/display shall be limited to U-Haul trucks and trailers in the areas
depicted on the Site Plan.
• Storage of chemicals, combustible items and paint are prohibited.
• Written approval from the State Fire Marshall shall be required for the bulk fuel storage.
• Approved ingress and egress to and from the site along Richmond Road must be
confirmed by the Illinois Department of Transportation ([DOT).
• No outdoor storage of any kind shall be permitted west of the existing building.
• The 45,000 square -foot outlot depicted on the site plan shall be sold or leased to a third
party, for the development of a retail, restaurant or other use(s), consistent with the
current zoning classification, and cross access easement language shall be granted to
and for the benefit of the future outlot user(s)/owner(s) to Richmond and McCullom
Lake Roads. Cross -access easement shall be included on a Plat of Easement to be
prepared by applicant and recorded prior to granting a certificate of occupancy to
Americo for use of the SUBJECT PROPERTY for outdoor storage of commercial vehicles
in conjunction with the operation of a mini warehouse facility in addition to the outdoor
sale and storage of bulk fuel.
• All City ordinances, rules, requirements and regulations including but not limited to:
storm water, building, zoning (parking lot lighting, etc.) shall be followed as deemed
applicable to the proposed development.
SECTION 2: In granting said Use Variance, the City Council finds that the requirements
of Table 32(A) of the Zoning Ordinance have been met in that:
1) For reasons fully set forth in the written findings, the strict application of the
provisions of the Zoning Ordinance relating to the use of the buildings or structures,
or the use of the land, would result in unnecessary and undue hardship upon the
applicant, as distinguished from mere inconvenience.
2) The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in the Zoning Ordinance for the pertinent
zoning district.
3) Special circumstances, fully described in the written findings, exist that are peculiar
to the property for which the use variance is sought and that they do not apply
generally to other properties in the same zoning district.
4) 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.
5) The granting of a use variance will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the City's Comprehensive Plan.
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 approved this 18 day of JANUARY 2016
VOTING AYE: CONDON, WIMMER,PETERSON, CURRY, SCHAEFER, GLAB, SANTI
VOTING NAY: NONE
NOT VOTING: NONE
ABSTAINING: NONE
ABSENT: NONE
Cv
Ix MAYOR
ATTEST:
EXHIBIT A
LOT 2 IN WAL-MART SUBDIVISION OF THE CITY OF MCHENRY, BEING A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26. TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 4, 1994 AS DOCUMENT NUMBER 94R57425, - IN
MCHENRY COUNTY, ILLINOIS.
PIN: 09-26-129-002
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