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
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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
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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
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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