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HomeMy WebLinkAboutOrdinances - O-80-223 - 04/21/1980 - FRED DIESEL VARIATION LUMBER YARD0-80-223 O R D I N A N C E WHEREAS, a Petition was filed before the Zoning Board of Appeals of the City of McHenry by the Wauconda National Bank, as Trustee under the Provisions of a Trust Agreement dated June 8, 1979, known as Trust No. 79-161, as title holder of record, and Fred Diesel, as holder of beneficial interest; and, WHEREAS, said Petition did request a variation allowing a retail hardware store on the subject premises for the sale of lumber and building materials; and, WHEREAS, said Petition referred to the following described premises: All that part of Lot 18 of the County Clerk's Plat of the Southeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, that lies North of Main Street and East of Crystal Lake Road, according to the Plat thereof recorded May 6, 1902, in Book 2 of Plats, page 41, in McHenry County, Illinois; ALSO: All that part of Lot 5 in A. H. Hanley's Out -Lots to West McHenry, a Subdivision of part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 9, 1879, in Book 1 of Plats, page 7, in McHenry County, Illinois; ALSO: Out -Lot 9 of West McHenry, a Subdivision of part 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 23, in McHenry County, Illinois; ALSO: The North Half of the vacated East Street, as vacated by Ordinance dated October 5, 1942, by the City of McHenry, in Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois; ALSO: The South Half of the West 39.0 feet of the vacated East Street as vacated by Ordinance dated October 5, 1942 by the City of McHenry, in Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. AND, WHEREAS, a hearing was held before the City -of McHenry Zoning Board of Appeals in regard to the contents of the Petition, and evidence and exhibits were introduced thereat by the Petitioner at such hearing in support of its position; PAGE 2 AND, WHEREAS, as a result of said hearing, after considering the contents of the Petition and the evidence presented in support of the Petition, the Zoning Board of Appeals did find that: (a) the particular physical surroundings, shapes, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished fror a mere inconvenience, if the strict letter of the regulations were carried out; (b) the conditions upon which the petition for variation is based are unique and would not be applicable, generally, to other property within the same zoning classification; (c) the purpose of the variation is not based exclusively upon a desire to make more money out of the property; (d) the alleged difficulty or hardship has not been created by any person presently having an interest in the property; (e) the granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and (f) the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. NOW, THEREFORE: BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, that the provisions and requirements of the Zoning Ordinance of the City of McHenry, and such ordinance as amended, con- cerning the permitted uses of the premises as hereinabove described, be and are varied so as to allow a retail hardware store on the pre- mises with the retail sale of lumber and building materials. THIS VARIATION shall be in full force and effect from and after the 21st day of April, 1980. DATED this 21st day of April, 1980. ATTEST: City Clerk Mayor AYES: Datz, Wieser, Harker, Nolan, Pepping, Adams, Schooley, Meurer NAYS: None ABSENT: None 0-80-222 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1. During the period from June 1, 1980 to and including August 31, 1980, the operator of a motor vehicle may park such vehicle in any parking meter zone without deposit- ing any money in such parking meter, provided however, that it shall be unlawful for such operator to park such vehicle in such parking meter zone for more than one hundred twenty (120) consec- utive minutes. SECTION 2. During the period from June 1, 1980 to and including August 31, 1980, the operation and effect of Sections 13-1205 and 13-1206 of Chapter 13 of the Municipal Code of the City of McHenry, Illinois be and the same are hereby suspended. SECTION 3. Any person violating the provision of Section 1 of this Ordinance may settle and compromise any ticket issued for such violation within 48 hours of the issuance of such ticket by the payment to the City of McHenry, Illinois of the sum of $5.00. PASSED this 31st day of March, 1980. AYES: Pepping, Datz Harker, Adams, wiPsar, Schooled Mpiirer NAYS: None ABSTAINING: None ABSENT: Nolan APPROVED this 31st day of March, 1980. ATTEST: Ci�tX�er AN ORDINANCE 0-80-221 WHEREAS, it is in the interest of the public health, welfare and safety of the citizens of the City of McHenry, Illinois that the sewage treatment capacity of its Combined Sewerage and Waterworks System be increased and expanded; and WHEREAS, the City is the owner of approximately twenty seven and one-half acres of land, located close to the Fox River, on which site the corporate authorities have determined to construct a municipal sanitary treatment plant; and WHEREAS, the engineering design of the aforesaid addition- al sanitary treatment plant capacity will r-equire the discharge of treated effluent from said plant through a buried sanitary sewer main into the Fox River; and WHEREAS, the City Engineers have designated the route for said sanitary sewer main to be at the location described in Section 1 of this ordinance and have recommended the acquisition of a perpetual easement for such purposes over, along, under and upon saidpremisesand, in addition, a tempor- ary construction easement over, along, under and upon the 30 feet adjoining and abutting thereto on the north boundary thereof; and WHEREAS, said recommendation is approved by the corporate authorities, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, ILLINOIS, as follows: SECTION 1: That it is hereby determined that a sanitary treatment plant be constructed, maintained and operated by the City of McHenry on the aforesaid 271� acre site owned by the City. SECTION 2: That it is necessary, required, desirable and for the best interest of the City that it acquire the following described perpetual easement and construction easement which are necessary, required and needed for the construction, maintenance and operation thereon of the afore- said sanitary sewer main from the sanitary treatment plant to the Fox River: (a) a perpetual easement for the purpose of construct- ing, maintaining and operating thereon a sanitary sewer main and related facilities on a strip of land 30 feet wide, bounded on the south by an easterly projection of the southerly line of the aforesaid 273� acres now owned by the City. (b) a temporary construction easement 30 feet in width abutting the easement described in paragraph (a) of this Section on the north boundary thereof, for the purpose of constructing and installing the aforesaid sanitary sewer main on the premises described in said paragraph (a) 01 SECTION 3: That the law firm of Narusis & Narusis be and it is hereby authorized and directed to negotiate with the owners of record or parties interested in said property for the purpose of agreeing to compensation to be paid for the aforesaid easement on said property. SECTION 4: That Narusis & Narusis are hereby authorized and directed to institute condemnation proceedings by the City in the Circuit Court of the 19th. Judicial Circuit, McHenry County, Illinois, for the purpose of acquiring the above describ- ed property, if Narusis & Narusis does not hear from the owners of record ,or parties interested within ten days from the date an offer is made to purchase said premises. PASSED this 4th day of February, 1980. AYES: Nolan, Pepping, Datz Harker, A ams, Wieser, Schooley Meurer NAYS: None ABSENT. None APPROVED this 4th day of February, 1980. ATTEST: City Clerk -2- Mayor r No. n_80_ p 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 JAY KOELLER requesting an Amend- ment under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, to reclassify from the existing "R" Residential District to "B-l" Commercial Retail District, the following described real estate: Part of the East Half of the East Half of Section 28 Township 45 North, Range 8, East of the Third Principal Meridian described as follows: Commencing at the East Quarter corner of said Section 28; thence south on the Section line, 31.52 feet to an inter- section with the center line of the highway known as Route No. 120, to a point for a place of beginning; thence South on the Section line, 205.97 feet to a point; thence Northwesterly being on a line forming an angle of 103 degrees 50 minutes to the right with a prolongation of the last described line for a distance of 289.24 feet to a point; thence northeasterly at right angles to the last described line 200 feet to an intersection with the center line of said highway Route 120; thence Southeasterly along the center line of said hiszhway, 240 feet to the place of beginnin (except the Westerly 60 feet of even width therof� in McHenry County, Illinois AND WHEREAS, a hearing was subsequently had before the City of McHenry Zoning Board of Appeals on Friday, January llth, 1980, at which time the said Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioner, AND 14HEREAS, as a result of taking such evidence and viewing such exhibits, the Zoning Board of Appeals did recommend to the City Council of the City of McHenry that the zoning re- classification and Amendment of the Zoning Ordinance of the City of HcHenry be.granted to the Petitioners by the City Council of said City of tScHenry, as being in compliance with all of the required facts and findings pertaining to such reclassification as set forth in the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, O AND WHEREAS, the City Council of the City of McHenry concurs with the findings of the Zoning Board of Appeals, provided and conditioned, however, that Petitioner, within six months from the date of the passage and approval of this ordinance, shall install a sidewalk on the front of the premises in question in accordance with the standards and specifications required by the City ordinances relating to sidewalks and shall also install proper screening at the rear portion of the aforesaid premises where such premises abut upon residentially zoned land, NOW THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1. That the following described premises be and the same are hereby reclassified under the terms and pro- visions of the City zoning ordinance, from "R" Residential District to "B-1" Commercial Retail District: Part of the East Half of the East Half of Section 28 Township 45 North, Range 8, 'East of the Third Principal Meridian described as follows: Commencing at the East Quarter corner of said Section 28; thence south on the Section line, 31.52 feet to an inter- section with the center line of the highway known as Route No. 120, to a point for a place of beginning; thence South on the Section line, 205.97 feet to a point; thence Northwesterly being on a line forming an angle of 103 degrees 50 minutes to the right with a prolongation of the last described line for a distance, of 289.24 feet to a point; thence northeasterly at right angles to the last described line 200 feet to an intersection with the center line of said highway Route 120; thence Southeasterly along the center line of said hiehway, 240 feet to the place of beginnin ( except the Westerly 60 feet of even width theEofg in McHenry County, Illinois, SECTION 2. That the reclassification of the above - described premises is expressly conditioned upon the Petitioner, within six months of the date of the passage and approval of this ordinance, installing a sidewalk on the front of the premises in question in accordance with the standards and specifications 0 required by the City ordinances relating to sidewalks and also installing proper screening at the rear portion of the aforesaid premises where such premises abut upon residentially zoned land. SECTION 3. That the zoning map of the City of McHenry may be amended on its face to reflect the aforesaid conditional reclassification. PASSED this 21st day of January 1980. AYES: Nolan, Pepping, Datz, Harker, Adams, Wieser, Schooley, Meurer NAYS: None ABSENT: None APPROVED this 21st day of January , 1980. ATTEST: CI�TrCL�ERK ///-i C ell the 6a..t� hu. 1 o I the 6aj.t hal� o� Secd ion , %un, hi Range 8, 6aAt o� .the P.A., de4c4i.6ed aj ,o.Llvm4. Conrnericing a.t zite Last quaatea cognea o� .x, Secb:or: 9; .thence Jou.th ortthe dai.d Scction .Line 3/.52 /eet to an intwuccii.on uu th .the cen&i .Line o� .the highaaly known cw Yvuze No. /27, k a poira Pa a piLace o� 6egi.nn.inq; .thence .South on the .S, cz'iv►z -1i e X5.97 �ea �o a p2in4 thence Nvnth ae4Zen ly being on a .Line Prw",a an anq, e oi� 10.3 dVee jp 50 m.i.nu.ted iv the Aigh t With the pizo. onga.tion o� z'-he .laz.t de.ocAibed tine joa a di.4tnnce o� aY9.Z4 �cet iv a pv.tn.t; .thence �iolzzh &4,iea,y a.t iur).h f ang.(e4 .iv the .C(24t de4cai6ed .Line 2V /ee-t 4) an i rnxc���c�tivn the ccm&A .Lune o� ,-aid h iroux2ly Route /X; t /wn ce Srvu di &4&7,. y c;L g tine cFntve .Li_t``tnne ozid fiiglucuc�, lL�leet lire place v bc�girtr;in�r, (c:ccpz .the U'F' J W c:e t V P e vein e:udth thr�Co / • g jt- � No. �. • `I . ' et os OF / Ur4y �i - � ►I �9l s lLa OrIf N 54 � Sp6 cc ��rese a � T � a � v z v .-4 f o virr/ moo• �g7/Z STATE OF ILLINOIS /" id p'I `v ► L .— COUNTY OF LAKE ) ' In behalf of Howard Surveying Co., Inc., we as Illinois �T Registered Land Surveyors do hereby certify that we have surveyed the above I r` P 1\ described premises and that the plat hereon, drawn to scale of ft per 1 inch, is a true representation of said survey, o 4� Dated at Waukegan, Lake County, Illinois this-rday J Of - L/el!1Udry A.D., 19$O Registered-Illindis"Land Surveyor Located improvements this �� p _...�� day of dcln_w A.D., 1980 , NOTE: Compare all points before building and report any discrepancy to this office at once.