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HomeMy WebLinkAboutOrdinances - O-83-304 - 02/21/1983 - ISSUE SPECIAL USE PERMIT ROBERT JUSTEN0-83-304 IN THE MATTER OF THE APPLICATION ) OF ROBERT A. JUSTEN AS TRUSTEE ) TITLE HOLDER OF RECORD FOR A SPECIAL ) USE PERMIT UNDER THE PROVISIONS OF ) THE ZONING ORDINANCE OF THE CITY OF ) McHENRY, McHENRY COUNTY, ILLINOIS. ) AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT WHEREAS, Petitioner did file a petition with the Zoning Board of Appeals of the City of McHenry requesting a special use permit under the provisions of the City of McHenry Zoning Ordinance, and such Ordinance as amended, in regard to the following described premises: Lot 2 (except the East 33 feet thereof); Lot 3, (except the East 165 feet thereof); Lot 4, (except the East 165 feet thereof); all in Block 23 in the Original Plat of McHenry on the West side of Fox River, a Subdivision 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 McHenry County, Illinois. ALSO: That part of the Southwest Quarter of Section 26, described as follows: Beginning at a point on the North and South Quarter Section line of said Section, where said line intersects the Southwest corner of Lot 4, Block 23 of the Original Plat of McHenry; thence North along said North and South Quarter Section line, a distance of 134.63 feet; thence Westerly along the South line of Lot 4 of the County Clerk's Plat, being along a line forming an angle of 89 degrees 53 minutes to the left, with a prolongation of the last described line, for a distance of 55.0 feet; thence Southerly on a line forming an angle of 97 degrees 49 minutes to the left, from the last described line, a distance of 137.5 feet; thence Easterly on a line forming an angle of 84 degrees 42 minutes to the left from the last described line, a distance of 37 feet to the place of beginning, in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. AND, WHEREAS, a hearing was held before the said 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 his petition; AND, WHEREAS, as a result of said hearing, after consider- ation of the contents of the petition, of the evidence presented in support of the petition, a motion was made by the Zoning Board of Appeals to recommend to the City Council the issuance of a special use permit for the operation of a crematory on the hereinabove described premises; AND, WHEREAS, said motion before the Zoning Board of Appeals did find that the standards set out in the City of McHenry Zoning Ordinance, Article V, paragraph C, have been met; AND, WHEREAS, the Zoning Board of Appeals did vote four in favor and three against the granting of said special use permit; AND, WHEREAS, the Zoning Ordinance of the City of McHenry, Article XXI, paragraph C, No. 2, requires the concurring vote of five members of the Zoning Board of Appeals to recommend any amendment, granting of variation, or issuance of a special use permit; AND, WHEREAS, no recommendation was made by the Zoning Board of Appeals due to the failure to have five members recommend the special use permit; AND, WHEREAS, the City Council did vote in favor of issuing a special use permit for the operation of a crematory on the premises hereinabove described; AND, WHEREAS, the City Council finds that: (a) the special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located; IWZ (b) the location and size of the special use, the nature and intensity of the operation involved in or conducted 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, shall be such that it will be in harmony with the 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 shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings, or will not impair the value thereof; (d) parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances. NOW, THEREFORE, BE IT ORDAINED by the City Council of `he City of McHenry that the Zoning Enforcement Officer of the City of McHenry be and hereby is authorized and directed to issue such permit or permits as will allow the operation of a crematory on the hereinabove described premises provided that the operation of the crematory shall meet all applicable regulations, including the obtaining of all necessary EPA permits prior to commencement of operation. PASSED this 21st day of February , 1983. AYES: Nolan, Datz, Busse, Smith, Gelwicks, Meurer, Serritella NAY ES : None ABSTAIN: None ABSENT: Pepping NOT VOTING: None APPROVED this 21st ATTEST: City Clerk day of February 1983. MAYOR -3-