HomeMy WebLinkAboutResolutions - R-89-12 - 06/07/1989 - Protesting Application Bill and Peter Anest Petroleum ProdR-89-12
RESOLUTION OF THE CORPORATE AUTHORITIES OF THE
CITY OF MCHENRY, ILLINOIS IN PROTEST AGAINST
THE PROPOSED APPLICATION OF BILL AND PETER ANEST,
d/b/a S & S PETROLEUM PRODUCTS FOR AMENDMENT
OF THE ZONING ORDINANCE OF MCHENRY COUNTY, ILLINOIS,
PETITION NO. 89-33
WHEREAS, the following described premises are the
subject of a request for zoning reclassification and other
relief in an application entitled "In The Matter of the
Application of Bill and Peter Anest, d/b/a S & S Petroleum
Products, for Amendment of the Zoning Ordinance of McHenry
County, Illinois", petition number 89-33:
That part of the Southwest Quarter of the Northwest Quarter
of Section 2, Township 44 North, Range 8 East of the TI►ird
Principal Meridians described 0s follows$ Beginning on the
East and West Quarter Section line, at a point 853.1 feet
East from the West Quarter corner of said Section e, at an .
Intersection with the Easterly boundary of State Bond Issue
Road Route 61, and running thence Northerly on said Easterly
boundary of said Highway, being on a curved line to the left,
(radius equal to 3837.43 feet), for a distance of 33.03 feet
to a point for a place of beginning; thence Northerly in said
Easterly boundary of said Highway, being on a curved line to
the left, (radlus equal to 3959.43 feet), for a distance of
169.50 feet to a point; thence East parallel with said Quarter
Section line, 202.46 feet; thence South at right angles 168.0
feet to a point; thence West parallel with the Quarter Section
line, 221.9 feet to the place of beginning, (excepting therefrom
that part described as follows$ That part of the Southwest
Quarter of the Northwest Quarter of Section p, Township 44 North,
Range 8 East of the Third Principal Meridian, described as follows
Commencing at the Southwest corner of the Northwest Quarter of
said Section e; thence South 89 degrees, 59 minutes, 40 seconds
East along the South line of the Southwest Quarter of the
Northwest Quarter of said Section e, a distance of 852.90 feet
to a point on a 3859.83 radius curve, the center of circle bears
North 81 degrees, 37 minutes, 49 seconds West from said point;
the arc of said curve being the Easterly line of State Bond Issue
Road Route 61; thence Northerly along the are of said curve being
the Easterly line of State Bond Issue Road Route 61, a distance
of 33.33 feet, central angle of 00 degrees, 29 minutes, 41
seconds to a point on a line 33 feet North of avid parallel with
the South line of the Southwest Quarter of said Section eq for a
Place of beginning; thence continuing Northerly along the arc of
said 3839.83 foot radius curve, central angle 00 degrees, EE
minutes, 16 seconds, for a distance of e5.00 feet to a It Inch
dlskl thence South 41 degrease 09 minutes, 09 seconds East, '
3e.91 feet to a ! Inch disk on 8 line 93.0 feet North of and
parpllel with the south line of the Southwest Quarter of the
Northwest Quarter of said Section e, said point being e3.0 feet
South 89 degrees, 59,minutts, 40 seconds East of the East line of
said State Bond Issue Road Route Eli thence North 09 degrees,
39 minutes, 40 seconds West along a line 33.0 feet North of and
Parallel with the South line of the Southwest Quarter of the
Northwest Quarter of said Section B, a distance of moo feet to
the place of beginnings said parcel shown on a Plat of Highways
recorded In McHenry County Recorder's Office on May 179 1903
as Document No. 9073661, 1n McHenry County, 1111n01a.
WHEREAS, the City of McHenry, Illinois is a zoned
municipality and the above described premises are contiguous
to the City of McHenry boundaries; and,
WHEREAS, the City of McHenry, Illinois has declared its
municipal policy to be that an automobile service station
cannot be allowed as a permitted use in any zoned district
in the City of McHenry because of the impact its special
character creates upon surrounding areas; and,
WHEREAS, in the City of McHenry, Illinois an automobile
service station use cannot be established unless a
conditional use permit is received from the City; and,
WHEREAS, the issuance of such a special use permit by
the City may be made subject to compliance with specific
conditions including but not limited to screening and
landscaping, appearance of premises, hours of operation,
environmental controls, size of facility, site design and
arrangement, but no special conditions are, or may be,
required by the County of McHenry before an automobile
service station use may be established; and,
WHEREAS, a conditional use permit may be revoked by the
City of McHenry, Illinois if any conditions or restrictions
are not complied with within the time specified in the
conditional use permit and thereafter if such conditions and
restrictions are not maintained, but no comparable McHenry
County control mechanism exists concerning the operation of
an automobile service station once a B-1 District
classification is granted to any premises; and,
WHEREAS, an automobile service station operation from
premises which are contiguous to the City of McHenry,
Illinois will impact upon the development of the City; and,
WHEREAS, an automobile service station operation from
the subject premises which is not subject to any special
condition and whose operation is not subject to revocation,
would be detrimental to the orderly development of the City
of McHenry.
E
NOW, TREREFORE, be it resolved by the City Council of
the City of McHenry, McHenry County, Illinois as follows:
I. That the City of McHenry, Illinoie objects to the
proposed zoning reclassification of the subject premises
from B-2 District to B-1 District classification within the
meaning of the McHenry County Zoning ordinance.
2. That, additionally, the City of McHenry, Illinois
also objects to the aforesaid zoning reclassification
coupled with a permitted use to sell alcoholic beverages
from the subject premises.
3. The City Clerk of the City of McHenry, Illinois is
hereby authorized and directed to file a certified copy of
this Resolution with the County Clerk for McHenry County,
Illinois, prior to the meeting of the Mchenry County Board
when said Board votes on said proposed reclassification.
PASSED THIS 7TH DAY OF DUNE, 1989.
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTINGi
APPROVED THIS 7TH DAY OF JUNE, 1989.
MAYOR
ATTEST:
CITY CLERK f -