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HomeMy WebLinkAboutOrdinances - O-77-102 - 05/02/1977 - SPIOTTO PINTOZZI BUSS REZONE FROM R3 TO R4LOOZE & KINNE ATTORNEYS anal W. [V -Ri[T McY NOIS O R D I N A N C E WHEREAS, a Petition was filed with the Zoning Board of Appeals of the City of McHenry by Michael Spiotto, Anthony C. Pintozzi, Edward J. Buss and Joan T. Buss, his wife, requesting an Amendment, and the granting of a variation, under the provisions of the Zoning Ordinance of the City of McHenry and such Ordinance as amended, concerning the following described premises: That part of the East Half of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, lying East of the highway (known as Illinois State Route 31), excepting the North 5 acres thereof described in a certain Deed given by Edmund V. Knox and wife to Otto Luedtke and wife, dated April 28, 1930 and recorded in Book 184 of Deeds, page 401, in the Recorder's Office of McHenry County, Illinois, containing approximately 12 acres, more or less, in McHenry County, Illinois. AND, WHEREAS, Petitioners, Anthony C. Pintozzi, Edward J. Buss and Joan T. Buss, did effect a purchase of the above -concerned premises prior to the hearing before the Zoning Board of Appeals, leaving the Pur- chasers as the only parties in interest, AND, WHEREAS, Petitioner, Anthony C. Pintozzi, was requesting an Amendment of the Zoning Ordinance of the City of McHenry to effect a re- classification of the Easterly 6 acres of the above -described tract from its present "R-3" Single -Family District, to "R-4" Multi -Family District, AND, WHEREAS, Petitioners, Edward J. Buss and Joan T. Buss, were requesting a reclassification of the Westerly 6 acres of the hereinabove described premises to effect a reclassification from the existing "R-3" Single -Family District, to "B-1" Commercial Retail District, with a Variation under such classification to permit the Conduct of a wholesale and retail automobile dealership thereon, AND, WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on Friday, the 25th day of March, 1977, at which - 1 - time the said Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners, AND, WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council of the City of McHenry the denial of the Petitioners' prayers for both Amendment and Variation of the Zoning Ordinance, AND, WHEREAS, at the regular meeting of the City Council held on Monday, the 2nd day of May, 1977, the Council did elect to consider separ- ately the requests of Petitioners, Anthony C. Pintozzi and Edward J. Buss and Joan T. Buss, AND, WHEREAS, as a result of such separate consideration, the City Council of the City of McHenry did affirm the recommendation of the Zoning Board of Appeals of the City of McHenry concerning the prayer for reclassification and Amendment as filed by Anthony C. Pintozzi, but did, by the required two-thirds vote of the entire Board of Aldermen, reject the recommendation of the Zoning Board of Appeals and did approve the request for reclassification and Variation of the Petitioners, Edward J. Buss and Joan T. Buss, AND, WHEREAS, the Aldermen voting to reject the recommendation of the Zoning Board of Appeals concerning the Petition of Edward J. Buss and Joan T. Buss, did find the facts to be that the property has been standing idle for many years, with no apparent interest therein for development of single-family residential uses, AND, WHEREAS, said Aldermen did find that the growth on Illinois State Route 31, from Illinois State Route 120 to the South city limits, had been almost exclusively in commercial and non-residential structures for a period covering at least ten years, LOOZE & KINNE ATTORNEYS 2"1 W. tL T1tKIM Ucy JNOIS I - 2 - BE IT FURTHER ORDAINED that a Variation be given to the said property to permit the conduct thereon of a whole- sale and retail automobile dealership. Provided, however, Petitioners shall cause to be erected a 6-foot woven wood fence along the Easterly property line, and that the Petitioners shall abide by the decision of the City Engineer and the City Council in constructing and installing City water, City sanitary sewer, and storm water run-off drainage facilities on, and to the premises. PASSED on this 2nd day of May, 1977. APPROVED on this day of May, 1977. ATTEST: City Clerk Mayor VOTING AYE: Adams, Datz, Harker, Schaedel, Schooley & Smith. VOTING NAY: Bolger and Nolan. ABSENT: None. LOOZE & KINNE ATTORNEYS 2431 W. [' TRE[T Mcr _INOIS - 4 - CLERK'S STATEMENT OF PROCEEDINGS BY MAYOR AND CITY COUNCIL At the regular City Council meeting of May 2, 1977, a motion was made by Alderman Datz, seconded by Alderman Adams, to reject the recommendation of the Zoning Board of Appeals that the amendment and variation requested by Buss be denied. Those Aldermen voting in favor of the motion were: Harker, Datz, Smith, Adams, Schaedel and Schooley. Those Aldermen voting against the motion were: Bolger, Nolan and Mayor Stanek. Motion carried. No written ordinance was tendered by petition- ers at this meeting. On May 12, 1977, petitioner's attorney transmitted the fore- going draft ordinance to the City for entry into the City's records as and for the ordinance which was passed by the City Council on May 2, 1977. The Mayor vetoed the aforesaid City Council action of May 2, 1977, setting forth his objections to the City Council in writing on May 13, 1977, prior to the May 16, 1977, regular City Council meeting. At the May 16, 1977, City Council meeting, a motion was made by Alderman Smith, seconded by Alderman Datz, to override the Mayor's veto. Those aldermen voting in favor of the motion were: Bolger, Harker, Datz, Smith, Adams and Schaedel. Alderman Nolan voted against the motion. Alderman Schooley declined. Motion carried. Thereupon a motion was made by Alderman Harker, seconded by Alderman Smith, to pass the attached ordinance. Those aldermen voting in favor of the motion were: Bolger, Harker, Datz, Smith, Adams and Schaedel. Those aldermen voting against the motion were Nolan and Schooley. Motion carried. ATTEST: City Clerk