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HomeMy WebLinkAboutOrdinances - 23-19 - 04/03/2023 - Zoning 3814 and 3812 Main CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 23-19 ORDINANCE GRANTING A ZONING MAP AMENDMENT FOR THE PROPERTIES LOCATED AT 3814 AND 3812 MAIN STREET Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois Apri13, 2023 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of Apri12023 ORDINANCE NO 23-19 ORDINANCE GRANTING A ZONING MAP AMENDMENT FOR THE PROPERTIES LOCATED AT 3814 AND 3812 MAIN STREET. 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 City of McHenry, ("APPLICANT"), on behalf of the property owners, requesting approval of Zoning Map Amendments for the properties commonly known as 3814 Main Street and 3812 Main Street, legally described on "EXHIBIT A", attached hereto and incorporated herein, "SUBJECT PROPERTIES"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 15, 2023 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the City Council the granting of the requested Zoning Map Amendment; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the request 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: That the SUBJECT PROPERTIES are hereby granted Zoning Map Amendments as follows: Common Address Current Zoning Classification New Zoning Classification 3812 Main Street C-4 Downtown Commercial RA-1 Attached Residential 3814 Main Street C-4 Downtown Commercial RS-4 High Density Single Family SECTION 2: In granting said Zoning Map Amendments, the City Council finds that the Approval Criteria for Zoning Map Amendments, listed in §11-5-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: 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 4: 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 3�d day of April, 2023. Ayes Nays Absent Abstain Alderman Devine _x_ Alderman Glab * Alderman Harding _x_ Alderman Strach _x_ Alderwoman Miller _x_ Alderman Santi _x_ Alderman McClatchey _x_ * Alderman GI b did not vote as he served as Mayor Pro Tem �' �Q-� � Wayne Jett, Mayor Trisha Ramel, City Clerk EXHIBIT A Legal Description of the Subject Properties PARCEL 1:THE EASTERLY 55 FEET OF THE SOUTHERLY 132 FEET OF LOT 10 IN BLOCK 2 IN THE ORIGINAL PLAT OF WEST MCHENRY, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 26, AND THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859 IN BOOK 24 OF DEEDS, PAGES 22 AND 23, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: PERPETUAL EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 12 FEET OF THE SOUTHERLY 132 FEET OF LOTS 10 AND 11 (EXCEPTTHE EASTERLY 55 FEETTHEREOF LOT 10) BLOCK 2 IN THE ORIGINAL PLAT OF WEST MCHENRY, BEING AN EASEMENTAPPURTENANT FOR DRIVEWAY OR ALLEY PURPOSES AS CREATED BY AN INSTRUMENT RECORDED FEBRUARY 11, 1946 AS DOCUMENT 189099, AND AS SUPPLEMENTED BY AN INSTRUMENT RECORDED MAY 3, 1954 AS DOCUMENT N0. 277936, IN MCHENRY COUNTY, ILLINOIS. PI N: 09-26-381-013 ADDRESS: 3812 MAIN STREET, MCHENRY, ILLINOIS 60050 AND PARCEL 1:THE SOUTHERLY 132 FEET OF LOT 10(EXCEPTTHE EASTERLY 55 FEETTHEREOF)AND THE SOUTHERLY 132 FEET OF LOT 11 (EXCEPT THE WESTERLY 66 FEET THEREOF), IN BLOCK 2 OF THE ORIGINAL PLAT OF WEST MCHENRY, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859, IN BOOK 24 OF DEEDS, PAGE 22, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1, AS RESERVED IN THE DEED FROM ANNA G. STOFFEL TO HOWARD WATTLES, DATED FEBRUARY 7, 1946 AND RECORDED FEBRUARY 11, 1946 IN BOOK 278 OF DEEDS, PAGE 244 AND AS LIMITED BY PROVISION IN THE DEED FROM CLARA V. STOFFEL AND HELENA M. STOFFEL TO OVERTON CADILLAC-PONTIAC COMPANY, A DELAWARE CORPORATION BY DEED RECORDED FEBRUARY 25, 1954 AS DOCUMENT NO. 275653, FOR A DRIVEWAY OR ALLEY PURPOSES FOR INGRESS AND EGRESS OVER A STRIP OF LAND 12 FEET IN WIDTH ACROSS THE ENTIRE NORTHERLY END OF THE PART OF LOT 11, DESCRIBED AS BEGINNING AT SOUTHWESTERLY CORNER OF SAID LOT 11; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT, 66 FEET;THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF SAID LOT 132 FEET;THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, 66 FEETTO THE WESTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT, 132 FEETTO THE PLACE OF BEGINNING, IN BOOK 2 OF THE ORIGINAL PLAT OF WEST MCHENRY, A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 26,TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859 IN BOOK 24 OF DEEDS, PAGE 22, IN MCHENRY COUNTY, ILLINOIS. P I N: 09-26-381-012 ADDRESS: 3814 MAIN STREET, MCHENRY, ILLINOIS 60050