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HomeMy WebLinkAboutOrdinances - O-78-179 - 11/13/1978 - AMEND ZONING BARB GERASCHAN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE NOV 1 31978 CITY OF McHENRY,- ILLINOIS ENRY WHEREAS, an application has been made to amend the Zoning Ordinance of the City of McHenry, Illinois, to grant a special use permit pursuant to Article XV thereof to authorize the owner of the premises described below, RARBAR71 GERASCH, to conduct a telephone answering service from the home being con- structed or to be constructed thereon until two (2) years after her death, or for as long as she occupies said premises as her home, whichever circumstance shall be applicable, as to the following described premises, to --wit: Lots 4 and 5 of the Original Plat of McHenry, on the West side of Fox River, being a Subdi- vision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in Mc}Ienry County, Illinois'. AND, WHEREAS, a public hearing concerning said .application was duly held before the Zoning Board of Appleals of the City of McHenry, Illinois, on September 29, 1978; AND, WHEREAS, the Zoning Board of Appeals has recommended to the City Council that a special use permit be granted to BARBARA GERASCH as to the subject premises; AND, WHEREAS, the City Council has read and considered the "Report and Recommendation of the Zoning Board of Appeals to the City Council, City of McHenry," a copy of which is affixed hereto as Exhibit 1 and made a part hereof; AND, WHEREAS, having read and considered said Report and Recommendation, the City Council expressly finds, pursuant to Article XV, Section C of the Zoning Ordinance of the City of McHenry, Illinois, that: (a) the special use sought by BARBARA GERASCH will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; (b) the location and size of said special. use, the nature and intensity of the operation involved in or con- ducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with appropriate and orderly development of the district in which it is to be located; (c) the location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, nor impair the value thereof; and (d) parking areas are, according to said Report and Recommendation, of adequate size for said particular use, are properly located, and are suitably screened from adjoining residential uses, and the entrance and exit drives are laid out so as to prevent traffic hazards and nuisances. AND, WHEREAS, the City Council hereby expressly adopts the "Findings" of the Zoning Board of Appeals, as set forth in said "Report and Recommendation", and incorporates said Findings into this Ordinance as though fully set forth herein; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry, in the County of McHenry and State of Illinois, as follows: SECTION 1: That a special use within the "R:-3" SINGLE FAMILY DISTRICT classification of the City of McHenry Zoning Ordinance, heretofore passed and published by -the! City - 2 - Council of the City of McHenry, Illinois, be and is hereby granted so as to permit the use and operation of a telephone answering service from the home being or to be constructed on the premises legally described above, subject to the following conditions: (a) That the special use permit herein authorized shall be valid only for such time as the Petitioner therefor, BARBARA GERASCH, shall occupy said premises as her home, or, should she die while said premises are so occupied as her home, for two (2) years immediately following her demise; (b) That parking be provided for frequent_ customers, but that no parking lot be con- structed in the front of said premises; and that parking spaces for employees of the petitioner- be provided in the rear of said premises; (c) That the petitioner provide landscaping suitable to the surrounding area and the petitioner's business operations. SECTION 2: That granting such special use de- scribed in Section 1 hereof_ is effected pursuant to proper application having been made therefor to the Zoning Board of Appeals of the City of McHenry, Illinois, and upon proper publication of notice of hearing, and upon public hearing, and upon receipt of the written affirmative recommendation of the members of said Zoning Board of Appeals, all pursuant to and in compliance with the provisions of the said Zoning Ordinance. SECTION 3: That all ordinances or parts thE�reof - 3 - B in conflict herewith be, and the same are hereby, repealed. SECTION 4: That this amending Ordinance shall be in full force and effect from and after its passage and approval according to law. / THE PASSAGE OF THIS ORDINANCE was moved by A� L A N and seconded by and upon a vote being taken, the Mayor declared the motion passed. PASSED and APPROVED this / 3 th day of 1978. Voting aye: ( 7 ) �cc."s , Sc-000L-rY, .DATZ, SMiTN, PIAP-0k,A/0LArJ,6OL&f't, Voting nay: ( p ) Absent: ( / ) a -bA MS. c- ATTEST: By. City Clerk CITY OF MCHENRY, ILLINOIS By: mayor - 4 -