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HomeMy WebLinkAboutOrdinances - O-81-278 - 11/16/1981 - SAPORITO AND GROSSMAN GRANT ZONINGRECEIVED APR 2It1981 ORDINANCE NO. 0-81-278 CI-y OF WHENRY AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, COUNTY OF McHENRY; AND STATE OF ILLINOIS WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, 33 N. LaSalle Street, Chicago, Illinois 60602, as Trustee under a Trust Agreement known as Trust No. 40362, is the owner of the real estate described as follows: That part of the Northeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois described as follows: Beginning at the Northwest corner of Dr. C. H. Fegers Addition to the Village of McHenry being a Subdivision recorded October 17, 1895 as Document Number 16171; thence South 00 degrees 11 minutes 19 seconds East along the West line of said Dr. C. H. Fegers Addition a distance of 709.09 feet to the Northeast corner of Lot 6 in County Clerk's Plat of the North half of Section 26; thence South 89 degrees 00 minutes 28 seconds West along the North line of said Lot 6 in County Clerk's Plat of the North half of Section 26 a distance of 66.00 feet to the Northwest corner of said Lot 6 in County Clerk's Plat in the North half -of Section 26; thence North 87 degrees 51 minutes 32 seconds West a distance of 221.68 feet to a point which if projected Northwesterly at North 87 degrees 51 minutes 32 seconds West would intersect the West line of the Northeast corner of said Section 26 at a distance of 372.71 feet said intersection being 214.50 feet Northerly of the Southwest corner of said Northeast Quarter of Section 26 as measured along said West line of the Northeast Quarter'of Section 26; thence North 00 degrees 26 minutes 50 seconds East a distance of 341.71 feet to a point which is located 536.40 feet North of said Southwest corner of the Northeast Quarter of Section 26 as measured along the West line of said Northeast Quarter of Section 26 and 375.52 feet Easterly of said West line of the Northeast Quarter of Section 26 as measured on a bearing of North 89 degrees 06 minutes 11 seconds East; thence North 64 degrees 36 minutes 38 seconds East a distance of 1.68 feet to a point which is 536.40 feet Northerly of the South line of said Northeast Quarter of Section 26 as measured perpendicular thereto and 377.00 feet Easterly of the West line of said Northeast Quarter of Section 26 as measured perpendicular thereto; thence North 00 degrees 03 minutes 49 seconds West along a line parallel to said West line of the Northeast Quarter of Section 26 a distance of 354.65 feet; thence North 89 degrees 00 minutes 28 seconds East a distance of 281.43 feet to the point of beginning and containing 199842 square feet (4.588 acres) more or less, in McHenry County, Illinois, and, WHEREAS, JOSEPHINE SAPORITO, CHARLES J. SAPORITO, JR., SHEILA SAPORITO, JAMES MIRABILE, CORRINE MIRABILE and PHILLIP GROSSMAN, are the holders of the entire beneficial interest in Trust No. 40362 at the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO; and WHEREAS, TOLOR CONSTRUCTION COMPANY, I.L.C. CORP., ANTHONY B. BONO and IRVING L. COPPEL, have entered into a contract to purchase the above -described property from AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under a Trust Agreement known as Trust No. 40362; and WHEREAS, said real estate is within the corporate limits of the City of McHenry, County of McHenry and State of Illinois; and WHEREAS, pursuant to notice, as required by statute and ordinance, public hearings were held by the Zoning Board of Appeals of the City of McHenry on the requested amendment of the City of McHenry Zoning Ordinance, and the Zoning Board of Appeals of the City of McHenry voted 4 to 3 in favor of said amendment; but because a vote of 5 members is required for an affirmative recommendation, the Zoning Board of Appeals vote is considered to be a recommendation of denial for said amendment to the City Council; and WHEREAS, the City Council of the City of McHenry has held a public hearing on said request for an amendment of the Zoning Ordinance of the City of McHenry; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION I: That the City of McHenry Zoning Ordinance as it relates to the height regulations in Paragraph B of Sections VIII, VIII-1, VIII-2, VIII-3 and VIII-4 be and they are hereby amended to read as follows: B. Height: No building or structure shall hereafter be erected, altered or enlarged to exceed three (3) stories nor to exceed thirty-five (35) feet in height and dwelling use shall be allowed on all 3 living levels. -2- SECTION II: All maps, plats, journals and other records, including the official city map of the corporate boundaries and the zoning district map of the City of McHenry be and the same are hereby amended to reflect the aforesaid amend- ments. SECTION III: This Ordinance shall be known as Ordinance No. 0-81-278 , and shall be in full force and effect from and after its passage and approval according to law. CITY OF McHENRY By: Its ayor ATTEST: City Clerk PASSED: November 16, 1981_ APPROVED: November 16, 1981 NUMBER VOTING AYE: Nolan, Pepping, Datz, Harker, Wieser, Smith, Meurer, Serritella NUMBER VOTING NAY: None NUMBER ABSTAINING: None NUMBER ABSENT: None =1C