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HomeMy WebLinkAboutOrdinances - O-67-36.25 - 08/07/1967 - ESTABLISH NEW CLASSIFICATION IN RESIDENTIAL DISTRI0_6v_(56-�5 -70 ORDINANCE ESTABLISHING A NEW CLASSIFICATION IN THE ZONING ORDINANCE OF THE CITY OF McHENRY AND ESTABLISHING ZONING CLASSIFICATIONS OF CERTAIN PROPERTIES WITHIN THE CITY OF McHENR Y WHEREAS, a petition for hearing before the Zoning Board of Appeals of the City of McHenry was filed on behalf of the City of McHenry, and WHEREAS, such hearing was had as by Ordinance provided and full consideration being given to the contents of the petition, to the evi- dence as presented at the hearing, and to the exhibits accompanying same and WHEREAS, a report and recommendation has been filed and received by the City Council of the City of McHenry from the Zoning Boar of Appeals, and said recommendation having been considered; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry that the Zoning Ordinance of the said City be and hereby is amended as follows: nated: _OOZE a KINNE ATTORNEYS 343. W L-Ly STREET I ._ ILLINOIS There is hereby established a residential zoning district desig- ARTICLE VII-A. "R--3A11 SINGLE FAMILY DISTRICT 0 square feet A. Permitted Uses: Permitted uses are: 1. Any use permitted in the "R - l 11 Single Family District, 'IRS-2" Single Family District and "R•-3" Single Family District, including Special Uses, subject to provisions of Article XV. 2. Private Garages: A permitted use when used in conjunction with existing structures for housing. Not more than one vehicle using such garage shall be the property of persons other than occupants of the premises on which said garage is located. No more than one truck shall be permitted to be housed in such garage, and no truck having an empty weight in excess of 4,500 pounds, or no truck having more than two axles may be garaged on the premises. No tractors or semi trailers of a commercial type shall be permitted to park on the premises nor shall they be garaged on premises within this District. LOOZE & KINNE ATTORNEYS 3431 W- ELM STREET A�t _ ILLINOIS Open air parking of not more than one truck is permitted in this District provided, however, that such vehicle shall not exceed 4,500 pounds empty weight nor shall it have in excess of two axle s . B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed two J2) stories nor to exceed twenty-eight (28) feet in height. C. Areas: No building or structure shall hereafter be erected and no building or structure shall hereafter be enlarged which would when erected conflict with or when enlarged or altered further conflict with the following requirements for yards and lot areas and coverage of lot: 1. Front Yard: There shall be a front yard of not less than twenty (20) feet. 2. Side Yard: On interior lots there shall be a side yard on each side of the main building. Each such side yard shall be ten (10) percent of the width of the lot, but in no instance shall it be necessary to have a side yard of more than ten (10) feet on each side. On corner lots, the side yard requirements shall be the same as for interior lots, except that there shall be maintained a side yard of not less than twenty (20) feet from the side adjacent to the street which intersects the street upon which the building or structure maintains frontage, and except in the case of a reversed corner lot, there shall be main- tained a setback from the side street of not less than fifty (50) percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed fifteen (15) feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five (5) feet to the side lot line of said adjacent lot. 3. Rear Yard: There shall be a rear yard having an average depth of not less than fifteen (15) feet. 4. Lot Coverage: No building with its accessory buildings shall occupy in excess of thirty,(30) per cent of the area of the lot. 5. Lot Area: Every dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than eight thousand (8, 000) square feet and width at the front building line of not less than sixty (60) feet. 6. Accessory Buildings: Accessory buildings shall not encroach upon the front yard. They may encroach upon the side yards provided no buildings are closer to the lot lines than six (6) feet, and provided further that on a corner lot accessory buildings shall not encroach upon the front or aide yards adjacent to the abutting streets. - 2 - LOOZE a} KINNE ATTORNEYS ELM QTREET " ILLINOIS BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 15 and 16 in Owen, Stenger & Allents First Addition to the City of McHenry, being a Subdivision of part of the North Half of Fractional Sections 35 and 36, Township 45 North, Range 8 East of the Third Principal Meridian, lying West of the Fox River, according to the Plat thereof recorded April 12, 1922 as Document No. 54652 in Book 4 of Plats at page 54, in McHenry County, Illinois, be and hereby are classified "R-311 Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 80 and 81 in McHenry Golf Course Subdivision, Fox River Addition, being a Subdivision of part of the Northeast Quarter of Section 35 and the Northwest Quarter of Section 36, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 21, 1929.as Document No. 90215, in Book 8 of Plats, page 2, in McHenry County, Illinois, be and hereby are classified "R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 1 through 10 inclusive in Block 1, Lots 1 through 10 inclusive in Block 2, and all of Block 3 in Hanleyts 3rd Addition to West McHenry, being a Subdivision of part of the Northeast Quarter of Section 34 and part of the South-- east Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded January 22, 1913 as Document No. 24295 in Book 3 of Plats at page 44, in McHenry County, Illinois, be and hereby are classified "R»3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 3, 4, 5, 6 and 7 in Kelter Estates Subdivision, Unit No. 1, a Subdivision of part of the North Half of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, in Book 10 of Plats, page 112, in McHenry County, Illinois, be and herreby are classified "R-2" One Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. - 3 - 'OOZE Q KINNE ATTO R N EY6 Y' ELM STREET .an ILLINOIS BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 1 and 2 in First Addition to Cooney Heights, a Sub- division of part of the North Half of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 2, 1953 as Document No. 262629, in Book 11 of Plats, page 71, in McHenry County, Illinois, be and hereby are classified "R»3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Part of the Northwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois, lying on the Westerly side of the State Highway described as follows: Commencing at the West Quarter corner of said Section 35; thence Southerly along the West line of said Southwest Quarter, 205. 05 feet to a place of beginning; thence Easterly, along a line parallel with the East and West Quarter Section line, 639. 82 feet to an intersection with the West line of the State Highway known as State Route 31; thence Southerly along the West line of said State Highway, 115. 00 feet; thence Westerly, along a line parallel with said East and West Quarter Section line, 319. 52 feet; thence Southerly, parallel with the West line of the afore- said Southwest Quarter, 290. 51 feet; thence Westerly, parallel with the East and West Quarter Section line, 323. 00 feet to an intersection with the West line of the Southwest Quarter of said Section 35; thence Northerly, along said West line, 405. 52 feet to the place of beginning, in McHenry County, Illinois, be and hereby are classified "R-1" Single -Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: That portion of the following described premises lying on the West side of Illinois State Route 31 directly West of Dale Avenue and North of High Street: The Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, (except that part thereof falling in Edgebrook Heights Addition to McHenry, according to the Plat thereof recorded January 6, 1953, as Document 260822, in Book 11 of Plats, page 68; ALSO except that part thereof falling in Edgebrook Heights Addition to McHenry Unit No. 1, according to the Plat thereof recorded April 25, 1957 as Document 322211, in Book 13 of Plats, page 12; ALSO except that part thereof -4- _OOZE & KINNE ATTORNEYS %&0' W_ ELM fTwEET _. _ ILLINOIS falling in Edgebrook Heights Annex, according to the Plat thereof recorded February 14, 1957 as Document 319418, in Book 13 of Plats, page 9; ALSO except that part thereof conveyed by Glenn Draper and Louise E. Draper, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, 1962 as Document 410024; ALSO except that part thereof conveyed by Elmer H. Hettermann and Lillian Hettermann, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, 1962 as Document 410025; ALSO except that part thereof conveyed by Gerhard Barbier and Paula Barbier, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, 1962 as Document 410026), in McHenry County, Illinois, be and hereby are classified "R-211 One -Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: That portion of the following described premises fronting on Green Street and abutting Lots 29, 30, 31, 32, 52, 53 and 54 in Edgebrook Heights Addition to the City of McHenry; and that portion of the following described premises lying South of Lots 94, 95, 96, 97, 98 and 100, lying West of Lots 120, 121, 122, 123 and 142, and lying East of the East line of Illinois State Route 31: The Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, .(except that part thereof falling in Edgebrook Heights Addition to McHenry, according to the Plat thereof recorded January 6, 1953 as Document 260822, in Book 11 of Plats, page 68; ALSO except that part thereof falling in Edgebrook Heights Addition to McHenry Unit No. 1, according to the Plat'thereof recorded April 25, 1957 as Document 322211, in Book 13 of Plats, page 12; ALSO except that part thereof falling in Edgebrook Heights Annex, according to the Plat thereof recorded February 14, 1957 as Document 319418, in Book 13 of Plats, page 9; ALSO except that part thereof conveyed by Glenn Draper and Louise E. Draper, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, L962 as Document 410024; ALSO except that part thereof conveyed by Elmer H. Hettermann and Lillian Hettermann, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, 1962 as Document 410025; ALSO except that part thereof conveyed by Gerhard Barbier and Paula Barbier, his wife, to the First Baptist Church of McHenry, by Warranty Deed recorded November 29, 1962 as Document 410026), in McHenry County, Illinois, be and hereby are classified "R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. - 5 - oft LOOZE & KINNE ATTORNEYS Ea!' nm STRKKT M ILLINOIS BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Park, Unit No. 1, being a Subdivision of part of the North Half of the Northwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952 as Document No. 260029 in Book 11 of Plats, page 64, in McHenry County, Illinois, be and hereby are classified "R-3A" Single Family District under the provisions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 1 through 18 in Block 21 and Lots 15 and 16 in Block 19 of Lakeland Park, Unit No. 2, being a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952 as Document No. 260030 in Book 11 of Plats, page 66, in McHenry County, Illinoi s , be and hereby are classified "B-3" Commercial District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Park, Unit No. 2, (excepting therefrom Lots I through 18 in Block 21, and Lots 15 and 16 in Block 19 thereof, being a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded December 12, 1952 as Document No. 260030 in Book 11 of Plats, page 66, in McHenry County, Illinois, be and hereby are classified "R-3A" Single Family District under the provisions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 1 through 6 in Block 3 of Lakeland Park, Unit No. 3, being a Subdivision of part of the East Half of the East Half of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 8, 1953 in Book 11 of Plats, page 90, as Document No. 269384, in McHenry County, Illinois, - 6 - LOOZE & KINNE ATTORNEYS *4-- " ELM WMEET N Win• ILLINOIS be and hereby are classified 11R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry, and further that a special use permit be extended to these premises to permit the utili- zation thereof for a community building. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Park, Unit No. 3, (excepting therefrom Lots 1 through 6 in Block 3 thereof), being a Subdivision of part of the East Half of the East Half of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 8, 1953 in Book 11 of Plats, page 90, as Document No. 269384, in McHenry County, Illinois, be and hereby are classified "R-3A" Single Family District under the provisions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Park, Unit No. 4, being a Subdivision of part of the North Half of the Northeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 91 1954 as Document No. 276054 in Book 11 of Plats, page 102, in McHenry County, Illinois, be and hereby are classified "R-3A" Single Family District under the provisions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 22, 23, 24, 25, 26, 27, 28, 29 and 30 in Block 1 of Lakeland Shores, Unit No. 1, being a Subdivision of part of the Southeast Quarter of the Northwest Quarter and part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, and part of Lots 24 and 25 of the County Clerks Plat of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 18, 1957 as Document No. 325703 in Book 13 of Plats, page 34, in McHenry County, Illinois, be and hereby are classified "B-3" Commercial District under the pro- visions of the Zoning Ordinance of the City of McHenry. - 7 - LOOZE A KINNE ATTORNEYS 3431 W Et_w STREET MC _ ILLINOIS BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Shores, Unit No. 1, (excepting therefrom Lots 22, 23, 24, 25, 26, 27, 28, 29 and 30 in Block 1 thereof), being a Subdivision of part of the Southeast Quarter of the Northwest Quarter and part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, and part of Lots 24 and 25 of the County Clerk's Plat of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 18, 1957 as Document No. 325703 in Book 13 of Plats, page 34, in McHenry County, Illinois, be and hereby are classified "R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 3, 4 and 5 in Block 2 and Lots 18, 19, 20 and 21 in Block 1 of Lakeland Shores, Unit No. 2, being a Subdivision of part of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded November 21, 1957 as Document No. 331763 in Book 13 of Plats, page 46, in McHenry County, Illinois, be and hereby are classified "B-3" Commercial District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lakeland Shores, Unit No. 2, (excepting therefrom Lots 3, 4 and 5 in Block 2 and Lots 18, 19, 20 and 21 in Block 1 thereof), being a Subdivision of part of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded November 212 1957 as Document No. 331763 in Book 13 of Plats, page 46, in McHenry County, Illinois, be and hereby are classified "R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 1 through 11 in Block 3 of Lakeland Shores, Unit No. 3, being a Subdivision of the North Half of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to. the Plat thereof recorded April 25, 1958 as Document No. 337444 in Book 13 of Plats, page 55, in McHenry County, Illinois, be and hereby are classified 1IB-3" Commercial District under the pro- visions of the Zoning Ordinance of the City of McHenry. - 8 - s LOOZE A KINNE ATTO* N EY f w. eta+ srnFeT Y. ILLINOIS BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: Lots 12, 13, 14, 15, 16, 17, 18, 20, 21 and 22 in Block 3 of Lakeland Shores, Unit No. 3, being a Subdivision of the North Half of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded April 25, 1958 as Document No. 337444 in Book 13 of Plats, page 55, in McHenry County, Illinois, be and hereby are classified "R-3" Single Family District under the pro- visions of the Zoning Ordinance of the City of McHenry. BE IT FURTHER ORDAINED that the premises recently annexed to the City of McHenry and described as follows: That part of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the center _line of the public highway known as State Highway Route No. 120, (McHenry Road), with the West line of said Section 27, said point being 1, 364. 4 feet, more or less, South of the Northwest corner of the South Half -of the Northwest Quarter of said Section 27; thence Southeasterly along said center line of said public highway, 1, 824. 90 feet (said center line being 50 feet Southwest of an parallel to the Northerly line of said public highway as laid out in Lakeland Park Unit No. 2, according to the Plat thereof recorded December 12, 1952 as Document No. 260030) to the East line of Meadow Lane as shown on the Plat of said Lakeland Park Unit No. 2; thence continuing Southeasterly on an extension of said center line of said public highway, 731. 78 feet to a point for a place of beginning; thence Southeasterly on the extension of said center line of said public highway, 200. 0 feet; thence Northeasterly at right angles to the last des- cribed course, 200. 0 feet; thence Northwesterly at right angles to the last described course, 200. 0 feet; thence Southwesterly at right angles to the last described course, 200. 0 feet to the place of beginning, in McHenry County, Illinoi s, be and hereby are classified "B-3" Commercial District under the pro- visions of the Zoning Ordinance of the City of McHenry. 1 This Ordinance shall be in full force and effect from and after its approval, passage and publication as by statute provided. Passed and approved this 7th day of A gust, 1967. Atte s MXY0 i ler Voting Aye: Hromec, Huck, Jackson, Smith and Wegener. Voting Nay. None. Absent: Bolger, Etten, Pitzen and Rogers.