HomeMy WebLinkAboutOrdinances - O-86-386 - 08/21/1986 - LEVY SSA #1" '. , l H
ORDINANCE NC MER 0-86-386
AN ORDINANCE AMENDING THE CITY Or
MCHENRY ZONING ORDINANCE
BE IT ORDAINED BY TIIE MAYOR AMID CITY COUNCIL Or THE CITY Or rCMMY,
ILLINOIS AS MLLOWS:
SECTION 1: That the Zoning Ordinance of the City of IMIenry, Illinois,
as passed, approved, and as subsequently amended and now in effect and the
Zoning Map for the City of McHenry, Illinois adopted as a part of the Zoning
Ordinance are hereby amended to reclassify from "R-3" SINGLE FAMILY DISTRICT
to "B-1" 0011,IDRCIAL RETAIL DISTRICT, the following described property, to
wit:
The Southerly 6 feet of Lot 10 and all of Lot 11, in Block 14
of the original plat of McHenry, on the V-est side of the Fox
River, in the Southwest Quarter of Section 26, according to the
plat thereof recorded in the Recorder's Office of McHenry County,
Illinois, in Book "B" of Plats, Page 160, Lying and being in the
City of McHenry, in the County of McHenry, in the State of Illinois. ,
SECTION 2: That such amendment to the Zondng Ordinance is limited to Article
IX and permitting for the above described property:
A.1. (q) An antique store and
(y) Professional or Services Offices, and
(z) Uses customarily incidental to any of the above uses, and
2. (a) Apartments (limited and restricted to above or below the main
floor of the building.
All other permitted uses in Article IX are excluded hereby.
SECTION 3: That Paragraph C.1. Front Setback be and is hereby amended from
thirty (30) feet fran the structure to the front street line to twenty-four
(24) feet from the street line.
SECTION 4: That the parking space requirement be amended to permit six
parking spaces, 4 - 10' x 20' parking spaces on the outside premises and 2
in the garage.
SECTION 5: That such amendments to the Zoning Ordinance and parking require-
..
ments are made following the Zoning Board of Appeals bearing, following proper
application therefore, publication of Notice thereof and Waiver of Notice by
certain adjoining landowners and taxpayers, public hearing thereon, upon
finding of the Standards for Variations provided in said Zoning Ordinance,
all in accordance with the provisions of the Zoning Ordinance.
SFCTIOTI 6: That the Zoning Board of Appeals found that:
a. the particular physical surroundings, shapes, or topographical
condition of the specific property involved would result in a
particular hardship upon the ovmer, as distinguished from a
mere inconvenience, if the strict letter of the regulations were
carried out;
b. the conditions upon which the petition for a 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;
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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.
FURTHER that the report of the zoning Board of Appeals was approved by the
City Council of McHenry.
SECTION 7: That all Ordinances or parts thereof in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
SECTION 8: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication as provided by law.
PASSED this 19th day of May, 1986.
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
APPROVED this 19th day of May, 1986.
ATTEST: �6
City Clerk
W!
ORDINANCE NO. 0-86-385
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Pursuant to the authority contained in
Illinois Revised Sta;Iutes, Chapter 24, Section 11-80-18,
the corporate authorities of the City of McHenry, Illinois,
hereby change the street address numbers of the following
described lots to the street address numbers set forth
opposite such lot descriptions:
LOTS
NEW STREET ADDRESS
Lot 25 in Cooney Heights,
Second Addition Subdivision 4214 W. Ponca St.
Lot 26 in Cooney Heights,
Second Addition Subdivision 4216 W. Ponca St.
The election authorities having jurisdiction in the
area in which such numbering is changed and the McHenry
Post Office Branch have been notified by the corporate
authority of such change in writing by certified or
registered mail.
SECTION 2. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 4. This ordinance shall be in full force and
effect thirty days (30) from and after its passage approval
and publication as required by law.
PASSED t h i s 4th d ay of June , 1986.
AYES: Bolger, Lieder, Nolan, Serritella, Smith, Snell, Teta
NAYS: McClatchey
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED this 4th day of June , 1986.
ATTEST:
6,
CITY CLERK
IN THE MATTER OF THE APPLICATION OF )
THE McHENRY STATE BANK, as Trustee )
under Trust #1380, DAVID L. BUCH, )
VERNON E. WEIDNER AND RONALD J. WEIDNER )
FOR AN AMENDMENT AND VARIATION )
OF THE ZONING ORDINANCE OF THE CITY )
OF McHENRY, McHENRY COUNTY, ILLINOIS. )
ORDINANCE
WHEREAS, Petitioners did file a Petition with the
Zoning Board of Appeals of the City of McHenry requesting an
amendment under the provisions of the City of McHenry Zoning
Ordinance, and such Ordinance as amended in regard to the
following described premises:
The South 128.15 feet as measured on the East
line thereof of that part of the Southwest
Quarter of the Southwest Quarter of Section
35, Township 45 North, Range 8 East of the
Third Principal Meridian, described as
follows: Commencing at the Northwest corner of
the Southwest Quarter of the Southwest Quarter
of said Section 35; thence Easterly along the
Quarter, Quarter Section line, a distance of
666.18 feet to the Westerly line of Illinois
State Highway running in a Northerly and
Southerly direction through said Southwest
Quarter of• the Southwest Quarter of said
Section 35; thence Southerly along said
Westerly line of Illinois State Highway, a
distance of 646.51 feet; thence Westerly and
parallel to said Quarter, Quarter Section
line, a distance of 681.4 feet to the Westerly
line of said Section 35; thence Northerly
along said Section line a distance of 646.6
feet to the place of beginning, in McHenry
County, Illinois.
WHEREAS, a hearing was held before said City of McHenry
Zoning Board of Appeals in regard to the contents of the Peti-
tion, and evidence and exhibits were introduced thereat by the
Petitioners at such hearing in support of the Petition; and
WHEREAS, as a result of said hearing after considera-
tion 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 the City Council to recommend to the City Council
the reclassifying of the subject premises to "R-4" (Multi -Family
District).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY that the provisions and requirements of the
Zoning Ordinance of the City of McHenry and such Ordinances as
amended and the Zoning maps of the City of McHenry and such maps
as amended be and hereby are amended to reclassify the above
described real estate from "B-1" (Commercial -Retail) to "R-4"
(Multi -Family District).
That this amendment shall be in full force and effect
from and after the 7th day of May 1986.
PASSED this 7th dayy of May , 1986.
AYES: Bolger, ie er, Mc6 atchey, Nolan, erritella, Smith, Snell
NAYES : None
ABSTAIN: None
ABSENT: Teta
NOT VOTING: None
APPROVED this 7th day of May 1986.
ATTEST.
City Clerk
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CITY OF McHENRY l
By.
Mayor
ORDINANCE NO. 0-86-383
AN ORDINANCE PROHIBITING ENCROACHMENTS
WITHIN THE STATE OF ILLINOIS RIGHT OF
WAY AT THE INTERSECTION OF ILLINOIS
ROUTE 31 AND BULL VALLEY ROAD
WHEREAS THE State of Illinois, acting by and through its Depart-
ment of Transportation, is desirous of improving the intersection of
Illinois Route 31 at Bull Valley Road in the City of McHenry; and
WHEREAS, said project is being constructed in order to facilitate
the free flow of traffic and ensure safety to the motoring public;
and
WHEREAS, a portion of said project passes through the City of
McHenry;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY
OF McHENRY, STATE OF ILLINOIS, as follows:
Section 1. That no person, firm, corporation or other entity
shall install, place, maintain or construct any structure that en-
croaches upon the State of Illinois right of way at the intersection
of Illinois Route 31 at Bull Valley Road within the limits of the
City of McHenry.
Section 2. The City Clerk of the City of McHenry is hereby auth-
orized and directed to attach a copy of this Ordinance to the agree-
ment dated February 19, 1986, by and between the State of Illinois and
the City of McHenry relative to the improvement of the intersection of
Illinois Route 31 and Bull Valley Road.
Section 3. This Ordinance shall be in full force and effect from
and after its passage and approval according to law.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY OF
McHENRY, STATE OF ILLINOIS, this 19th day of FEBRUARY, 1986.
VOTING AYE: Bolger, McClatchey, Nolan, Serritella, Smith, Snell, Teta
VOTING NAY: None
ABSENT: Lieder
ATTEST:
City Clerk
APPROVED BY ME THIS 19th DAY
OF F BRUARY,
M or
EXHIBIT D
ORDINANCE NO.0-86-382
AN ORDINANCE PROHIBITING THE DISCHARGE
OF SANITARY AND INDUSTRIAL WASTE INTO
ANY STORM SEWER OR DRAINAGE FACILITY
CONSTRUCTED AS PART OF THE ILLINOIS
ROUTE 31 AT BULL VALLEY ROAD IMPROVEMENT
WHEREAS, the State of Illinois, acting by and through its Depart-
ment of Transportation, is desirous of improving the intersection of
Bull Valley Road and Route 31 in the City of McHenry; and
WHEREAS, said project includes the installation of storm sewers
and drainage facilities; and
WHEREAS, a portion of the project runs through the City of McHenry
including the installation of storm drains and drainage facilities;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY
OF McHENRY, STATE OF ILLINOIS,as follows:
Section 1. No person, firm, corporation or other entity shall dis-
charge any sanitary waste or industrial waste water into any storm
sewer or drainage facility constructed as part of the Illinois Route
31 at Bull Valley Road improvement, said limits of improvement which
passes through the City of McHenry.
Section 2. The City Clerk of the City of McHenry is authorized and
directed to attach a copy of this Ordinance to the agreement dated
February, 19, 1986, by and between the State of Illinois and the City
of McHenry, relative to said improvement.
Section 3. This Ordinance shall be in full force and effect from
and after its passage and approval according to law.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY OF
McHENRY, STATE OF ILLINOIS, this 19th day of February, 1986.
VOTING AYE: Bolger, McClatchey, Nolan, Serritella, Smith, Snell, Teta
VOTING NAY: None
ABSENT: Lieder
ATTEST: '
City Clerk
APPROVED BY ME THIS 19th
DAY Of FEBRUARY 1 6.
May
EXHIBIT C
ORDINANCE NO.0-86-381
AN ORDINANCE RESTRICTING PARKING ALONG SOUTH
ROUTE 31 AT BULL VALLEY ROAD WITHIN THE CITY OF McHENRY
WHEREAS, the State of Illinois acting by and through its Depart-
ment of Transportation is desirous of improving the intersection of
Illinois Route 31 at Bull Valley Road in the City of McHenry; and
WHEREAS, a portion of this project runs through the City of
McHenry at Illinois Route 31 at Bull Valley Road; and
WHEREAS, in order to facilitate the free flow of traffic and
ensure safety to the motoring public, the City of McHenry determines
that the parking along Route 31 and Bull Valley Road at said improve-
ment shall be prohibited.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY
of McHENRY, STATE OF ILLINOIS, as follows;
Section 1. That parking shall not be permitted along Route 31 at
the intersection of Bull Valley Road within the city limits of the
City of McHenry.
Section 2. That the City Council of the City of McHenry will pro-
hibit future parking at such locations on or immediately adjacent to
said intersection as may be determined and directed by the State of
Illinois to be necessary to ensure the free flow of traffic and safety
to the motoring public.
Section 3. The City Clerk is hereby authorized and directed to
attach a copy of this Ordinance to the agreement dated February 19,
1986 by and between the State of Illinois and the City of McHenry.
Section 4. That this Ordinance shall be in full force and effect
from and after its passage and approval according to law.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY OF McHENRY,
STATE OF ILLINOIS, this 19th day of February, 1986.
VOTING AYE: Bolger, McClatchey, Nolan, Serritella, Smith, Snell, Teta
VOTING NAY: None
ABSENT: Lieder
ATTEST:
City Clerk
APPROVED BY ME THIS 19th
DAY OF FEBRUARY 86.
ayor
EXHIBIT B
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF MCHENRY, ILLINOIS, INCLUDING A VARIATION THEREON
WHEREAS, a written Petition signed by JAMES L. ALTHOFF,
President, J. Althoff and Associates, Inc., an Illinois Corporation,
has been filed with the City Clerk of the City of McHenry, Illinois,
requesting the rezoning 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:
Part of the Northwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, which
lies West of the right of way of the railroad and bounded on
the East and South by a line 50 feet from the railroad tract
and on the West by the Section line and on the North by a
line running parallel with the North line of said Section
and being 4 chains and 83 links South of the said North line
of said Section, in McHenry County, Illinois, and,
WHEREAS, Petitioner, J. Althoff and Associates, Inc. is the
owner of the above described premises, and,
WHEREAS, Petitioner is requesting a variation from the "R-4
Multi -Family District" classification of Article VIII, Paragraph C(5),
"Lot Area", to provide for 64 dwelling units upon the property instead
of 52.3 dwelling units as allowed by said ordinance, and,
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on Thursday, November 21, 1985, at which time the
said Zoning Board of Appeals did take evidence and view exhibits pre-
sented by the Petitioner, and,
WHEREAS, based on the evidence heard, the Zoning Board of
Appeals failed to pass Petitioner's request for a variation by a vote
of four (4) "Ayes" and two (2) "Plays", and made no recommendation as
to Petitioner's request for a variation, and,
WHEREAS, at the regular meeting of the City Council held on
Wednesday, January 29 , 1986, the Council did elect to consider the
requests of the Petitioner, and,
WHEREAS, said aldermen did find that it would be in the
public's safety to not allow said premises to have an exit or entrance
from or onto Sioux Lane or Logan, and,
WHEREAS, the City Council of the City of McHenry did approve
the prayer for variation filed by the Petitioner and did find that the
variation requested meets the standards for variation under the Zoning
Ordinance of the City of McHenry and such ordinance as amended, as
applied to the Petitioner, namely;
a. the particular physical surroundings, shapes, and
topographical condition of the specific property
involved results in a particular hardship upon the
owner under the strict letter of the regulations;
b. the conditions upon which this Petition is based
are unique and would not be applicable to other
property within the same zoning classification;
C. the purpose of this variation is not based ex-
clusively upon a desire to make more money out
of the property;
d. the difficulty and hardship has not been created
by any person having an interest in the property;
e. the granting of the variation will not materially
be detrimental to the public welfare or injurious
to other property or improvement 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
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streets, or increase the danger of fire or endanger
the public safety, or substantially diminish or
impair property values within the neighborhood.
WHEREAS, said aldermen did find that the premises were suited
for 32 one -bedroom apartments and 32 two -bedroom apartments and that
50% of the apartments would have garages;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of McHenry, Illinois as follows:
SECTION ONE: that the variation be given to the subject
premises legally described above in order to permit 64 dwelling units
upon the property, limited to 32 one -bedroom and 32 two -bedroom,
thereby varying Article VIII, Paragraph C(5) "Lot Area" of McHenry
County Zoning Ordinance, and that 32 of said dwelling units shall
have garages, and,
SECTION TWO: that this Ordinance shall be in full force and
effect from and after passage, approval and publication as provided
by law.
VOTING AYE:
Bolger, Lieder, Serritella, Smith, Snell, Teta
VOTING NAY:
McClatchey, Nolan
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ABSTAINED:
None
ABSENT:
None
Passed: January 29, 1986
Approved: January 29, 1986
Published: in pamphlet fprm
City of McHenry, a Municipal
Corporation under the laws of
Attest: the State of Illinois.
B 'v
City Clerk Mayor
Approved as to form: Narusis & Narusis, City Attorney
Bv:
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0-86-379
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS
WHEREAS, a written Petition signed by JAMES L. ALTHOFF,
President, J. Althoff and Associates, Inc., an Illinois Corporation,
has been filed with the City Clerk of the City of McHenry, Illinois,
requesting the rezoning 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:
Part of the Northwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, which
lies West of the right of way of the railroad and bounded on
the East and South by a line 50 feet from the railroad tract
and on the West by the Section line and on the North by a
line running parallel with the North line of said Section and
being 4 chains and 83 links South of the said North line of
said Section, in McHenry County, Illinois, and,
WHEREAS, Petitioner J. Althoff and Associates, Inc. is the
owner of the above described premises, and
WHEREAS, Petitioner is requesting that the classification of
the above described premises be reclassified from "R-3 Single Family
District" to "R-4 Multi -Family District", and,
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on Thursday, November 21, 1985, at which time the
said Zoning Board of Appeals did take evidence and view exhibits pre-
sented by the Petitioner, and,
WHEREAS, based on the evidence heard, the Zoning Board of
Appeals found that there was no overriding reason for not granting a
change in zoning classification, and as a result of said hearing, the
Zoning Board of Appeals did recommend to the City Council of the City of
McHenry the granting of the Petitioner's prayer for reclassification.
WHEREAS, as a condition to the recommendation granting the
rezoning, the Zoning Board of Appeals recommended that the subject
premises not be allowed to exit onto or enter from Sioux Lane or
Logan, and,
WHEREAS, at the regular meeting of the City Council held on
Monday, December 16, 1985, the Council did elect to -consider the
requests of the Petitioner, and,
WHEREAS, as a result of such 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 as filed by the Petitioner and did find the facts
sufficient to support the contentions as stated in the Petition for
reclassification, and,
WHEREAS, said aldermen did find that the premises were suited
for multi -family development, and,
WHEREAS, said aldermen did find the fact to be that the pre-
mises were suitable for multi -family development by reason of the
characteristics of the surrounding environment and the shape and
topography of the subject premises, and,
WHEREAS, said aldermen did find that it would be in the
public's safety to not allow said premises to have an exit or entrance
from or onto Sioux Lane or Logan, and,
- 2-
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of McHenry, Illinois as follows:
That the premises described as follows:
Part of the Northwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, which
lies West of the right of way of the railroad and bounded on
the East and South by a line 50 feet from the railroad tract
and on the West by the Section line and on the North by a
line running parallel with the North line of said Section and
being 4 chains and 83 links South of the said North line of
said Section, in McHenry County, Illinois,
be and is hereby reclassified as "R-4 Multi -Family District", with the
condition that the premises not be allowed an entrance or an exit from
or onto Sioux Lane or Logan, and,
BE IT FURTHER ORDAINED, that this Ordinance shall be in full
force and effect from and after passage, approval and publication as
provided by law.
VOTING AYE:
Bolger, Lieder, McClatchey, Nolan, Smith, Teta
VOTING NAY:
None
ABSTAINED:
None
ABSENT: Serritella
-3-
Attest:
City Clerk
Passed: January 15, 1986
Approved: January 15, 1986
Published: in pamphlet form
City of McHenry, a Municipal
Corporation under the laws of the
State of Illinois.
By: &Z/z&
Mayor
Approved as to form: Narusis & Narusis, City Attorney
By:
-4-
ORDINANCE NO. 0-85-378
AN ORDINANCE
AN ORDINANCE PROVIDING FOR AN
ENVIRONMENTAL ADVISORY COMMITTEE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Environmental Advisory Committee Created.
There is hereby created and established an Environmental
Advisory Committee for the City of McHenry, Illinois.
SECTION 2. Powers and Duties of Committee. The
Environmental Advisory Committee shall have the following
powers and duties:
(a) To make studies regarding air pollution,
water pollution, noise pollution, land use abuse, soil
erosion, solid waste disposal, and abuses of the
environment and to make recommendations for the
adoption of rules, regulations or ordinances for the
control and regulation of pollution of the air, water
and land and pollution caused by noise, as well as the
protection of the soil and its fertility from wind and
water erosion, and the regulation of the disposal of
scrap, junk and solid waste and control of pesticides
and toxic substances;
(b) To recommend to the City Council the
employment of professional consultants to assist in
the preparation of environmental quality maintenance
and improvement programs and render technical advice
and assistance from time to time;
(c) To develop programs to instill pride in the
beauty, cleanliness and historic nature of the City of
McHenry, its structures, buildings, open lands,
streets, foliage and to further enhance the
environment for future generations;
( d ) To enlist the aid of local citizens, civic
groups, organizations and the like for assistance on
special projects;
( e ) To adopt rules and regulations regarding its
organization and for the conduct of its business.
SECTION 3. Committee Membership. The Environmental
Advisory Committee shall consist of four (4) members of the
City Council and four (4) other citizens of the City of
McHenry, Illinois. The members of Council, including the
Chairman thereof, shall be appointed by the Mayor with the
advice and consent of the City Council. The term of office
for each Committee member shall be two (2) years,
that in the case of members appointed
provided, however, ointment shall
from the City Council, the term of such app
not exceed the term oofice sut h Council member
appointee. Members shall sere
witFunds. No City funds shall be
SECTION 4. Spending Committee unless
spent by the Environmental Advisory
t e City Council.
specifically authorized in advance by
SECTION 5. This ordinance shall be infull force
o ce and
effect from and after its passage and approval
law.
PASSED THIS 30th DAY OF OCTOBER, 1985
AYES: Bolqer,
Lieder, Teta, Smith, 1.4cClatchey, Serritella, Snell
None
NAYS:
ABSTAINED: None
ABSENT: Nolan
NOT VOTING: None
APPROVED this 30th day of October, 1985.
MAYOR
ATTEST:
CITY CLERK
RECEIVED
ECEIVE®
IN THE MATTER OF THE APPLICATION
OF McHENRY STATE BANK TRUSTEE
UNDER TRUST NO. 2861 DATED NOVEMBER
2, 1983 and DENNIS M. BUCH FOR A
VARIATION OF THE ZONING ORDINANCE
OF THE CITY OF McHENRY, McHENRY
',COUNTY, ILLINOIS.
AN ORDINANCE GRANTING A VARIATION
SEP 26 1985
Off DE MCHENRY
WHEREAS, Petitioners did file a Petition with the Zoning
Board of Appeals of the City of McHenry requesting a use varia-
tion under the provisions of the City of McHenry Zoning Ordin-
ance, and such Ordinance as amended in regard to the following
described premises:
That part of the Sub -Lot 1 of Out -Lot 5 of the
Original Plat of West McHenry, a Subdivision
of part of the Northwest Quarter of Section 35,
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
22, described as follows: Commencing at the North-
easterly corner of Sub -Lot 1 of Out -Lot 5 and also
being the Northwesterly corner of Sub -Lot 3 of
Out -Lot 5 and running thence North 75 degrees and
32 minuues West along the Northerly line of said
Out -Lot 5, a distance of 20.56 feet to a point;
thence Southerly on a line parallel with the
Westerly boundary of Sub -Lots 2 and 3 of said Out -
Lot 5, for a distance of 270.24 feet to a point for
a place of beginning; thence Southerly on a continu-
ation of the last described line, 229.12 feet to a
point; thence North 89 degrees, 32 minutes West
350.8 feet to a point on the Easterly right of way
line of State Highway No. 31; thence Northerly along
said Easterly right of way line thereof, 156.28
feet to a point of curvature; thence Northerly along
said right of way line being on a curved line to
the right (radius of 3468 feet) for a distance of
96.14 feet to a point; thence South 85 degrees, 37
minutes East 354.75 feet to the place of beginning,
(excepting the South 101 feet thereof), in McHenry
county, Illinois.
DIAMOND a LESUEUR,
ASSOCIATES and,
ATTORNEYS
3431 W ELM STREET
McHENRY. ILLINOIS
WHEREAS, a hearing was held before 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 the Petition; and
WHEREAS, as a result of said hearing after consideration
of the contents of the Petition, of the evidence presented in
�I support of the Petition, a Motion was made by the Zoning board of
appeals to the City Council to recommend to the City Council the
I
granting of a use variation for the subject premises allowing the
construction of two additional buildings of approximate dimensions
of 25 feet x 150 feet to be utilized as rental storage units, and
said Zoning Board of Appeals did recommend that the variation be
granted under the following terms and conditions:
1. That the additional buildings be located in the
approximate location as specified in Petitioner's Exhibit No. 1,
said Exhibit attached hereto and by this reference made a part
hereof.
2. That said additional buildings be of the approximate
dimensions as specified on Petitioner's Exhibit No. 1 with the
exception that the number of units on the East end of said pro-
posed buildings shall be reduced if recommended by either the
City Building Department or the Fire Protection District
as may be deemed necessary by said Building Department or Fire
District to allow an adequate turning radius for fire equipment
DIAMOND a LESUEUR, at the East end of said proposed structures.
ASSOCIATES
ATTORNEYS
3431 W ELM!
MCHENRY, ILLINOIS
2 -
3. That a use variation should be granted allowing said
proposed buildings to be used as rental storage units, with
buildings to meet City Code structural requirements as are appli-
cable for residential garages.
4. That to correct the record for the existing 49 units
on the subject premises a use variation should be granted to allow
the continued use of the 49 "U" shaped storage rental units, and
WHEREAS, the Zoning Board of Appeals did find as follows:
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 from a mere inconvenience, if the strict
letter of the regulations were carried out;
b. the conditions upon which the petition for a variation
arebased 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 proeprty;
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 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.
and,
DIAMOND a LESUEUR,
ASSOCIATES
ATTORNEYS
3431 w ELM STREET
MCNENRY, ILLINOIS
- 3 -
DIAMOND & LESUEUR,
ASSOCIATES
ATTORNEYS
3A31 W ELM STREET
MCHENRY. ILLINOIS
WHEREAS, the City Council did vote in favor of granting
the use variations as recommended for the hereinabove described
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY that the provisions and requirements of the
Zoning Ordinance of the City of McHenry and such Ordinance as
amended concerning the permitted uses of the premises as herein-
after described be and hereby are varied so as to allow the con-
struction and operation of 2 additional buildings composed of
storage units under the following terms and conditions:
1. That the additional buildings be located in the
approximate location as specified in Petitioner's Exhibit No. 1,
said Exhibit attached hereto and by this reference made a part
hereof.
2. That said additional buildings be of the approximate
dimensions as specified on Petitioner's Exhibit No. 1 with the
exception that the number of units on the East end of said pro-
posed buildings shall be reduced if recommended by either the
City Building Department or the Fire Protection District
as may be deemed necessary by said Building Department or Fire
district to allow an adequate turning radius for fire equipment
at the East end of said proposed structures.
3. That a use variation shall be granted allowing said
proposed buildings to be used as rental storage units, said build-
ings to meet City Code structural requirements as are applicable
for residential garages.
i
I
i; - 4 -
DIAMOND & LESUEUR,
ASSOCIATES
ATTORNEYS
3d31 W ELM STREET
MCHENRY, ILLINOIS
4. That to correct the record for the existing 49 units
on the subject premises built pursuant to permit dated October
6th, 1976 a use variation is granted to allow the continued use
of the 49 "U" shaped storage rental unit.
5. That this variation shall be in full force and effect
from and after the 2nd day of October , 1985.
PASSED this 2nd day of October , 1985.
AYES: Bolger, Lieder, McClatchey, Nolan, Smith, Snell, Serritel1a,
NAPES: Plone Teta
ABSTAIN: None
ABSENT: None
NOT VOTING: None
APPROVED this 2nd day of October , 1985.
CITY OF McHENRY
By:
m yor
r
ATTEST:
City Clerk
- 5 -
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ORDINANCE NO, 0-85-376
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF CERTAIN
DESCRIBED REAL ESTATE TO THE EXISTING CORPORATE LIMITS
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AND
AMENDMENT AND VARIATION OF THE CITY OF MCHENRY'S
COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF MCHENRY, McHENRY COUNTY, ILLINOIS, TO
ZONE THE REAL ESTATE ANNEXED
WHEREAS, McHENRY STATE BANK and THEODORE N. PITZEN, as
Co -Trustees under the provisions of a Trust Agreement dated the
21st day of November, 1973 and known as Trust No. 608 is the
record owner of the real estate hereinafter described; and
WHEREAS, the Subject Property constitutes territory which is
contiguous to and may be annexed to the City of McHenry,
Illinois, as provided in Article VII of the Illinois Municipal
Code, (Chapter 24, Illinois Revised Statutes, 1979); and
WHEREAS, the Corporate Authorities for and on behalf of the
City of McHenry, McHenry County, Illinois, have heretofore
approved an Annexation Agreement bearing the date of the 23rd
day of September , 1985, between itself and McHENRY STATE
BANK and THEODORE N. PITZEN, as Co -Trustees under the provisions
of a Trust Agreement dated the 21st day of November, 1973 and
known as Trust No. 608, CLARA S. STILLING, McHENRY AREA ECONOMIC
DEVELOPMENT COMMISSION, INC,, an Illinois Not -For -Profit
Corporation, and JOHN TYSHENKO and TAMARA TYSHENKO, his wife,
which provides in part for the annexation of said real estate to
the existing corporate limits of the City of McHenry, McHenry
County, Illinois, and for the Amendment of the City's
r�
Comprehensive Plan and Zoning Ordinance to allow the
reclassification of the real estate described in Section I
hereof as follows:
A. Parcel A, consisting of approximately 11.6312 acres, more or
less and Parcel B consisting of approximately 7.9949 acres more
or less shall be classified as "B-2", COMMERCIAL -RECREATIONAL
DISTRICT, but only the following uses (with ancillary uses
incident thereto) shall be allowed:
(a) Health clubs, and ancillary facilities;
(b) Motels;
(c) Hotels;
(d) Offices;
(e) Signs, subject to Article XVIII;
(f) Restaurants;
(9) Indoor theaters;
(h) Uses customarily incidental to any of the above uses
and accessory buildings when located on the same lot;
(i) Required off-street parking; and
(j) Special Uses, subject to the provisions of Article XV.
B. There shall be a further restriction limiting the uses on
Parcel A to:
(a) Motels;
(b) Hotels;
(c) Signs, subject to Article XVIII;
(d) Uses customarily incidental to any of the above uses
and accessory buildings when located on the same
lot; and
(e) Required off-street parking.
IWZ
C. That pursuant to the Annexation Agreement it is the mutual
agreement of the parties that in the event the owner of Parcel A
requests any of the additional "B-2" uses as specified in
Paragraph A. hereinabove that a zoning hearing will not be
required so long as the request is for the uses specified in
Paragraph A. However, a hearing before the City Council with
public notice as required by statute for amending Annexation
Agreements shall be necessary and the City Council may in their
discretion consider additional uses. That in addition to public
notice to amend the Annexation Agreement the owner of Parcel A
shall also give written notice of any such requests to the
Northern Illinois Medical Center, Inc. at 4201 W. Medical Center
Drive, McHenry, Illinois 60050.
D. Parcel C, consisting of approximately 21.4695 acres, more or
less, be classified as "R-4", MULTI -FAMILY DISTRICT;
That the Corporate Authorities hereby state that the CITY
shall allow the Petitioners to construct a 40,000 square foot
hotel/motel/restaurant/banquet facility/cocktail lounge on
Parcel A with parking for 300 cars and that is thirty-five feet
in height, (with a penthouse elevator extending an additional
five feet above the roof peak), with exterior elevations
substantially similar to those depicted upon the rendering in
the possession of the City Clerk, with minimum yard setbacks as
follows:
Front (that portion of premises fronting on Shamrock
Lane) 30 feet;
Side 10 feet from Parcel A's West lot line;
-3-
Side 100 feet from Parcel A's East lot line (abutting
Route 31) ; and
Rear 35 feet from Parcel A's North Lot Line;
and Parcel C satisfies the required frontage width.
WHEREAS, notices of public hearings before the City of
McHenry Plan Commission and Zoning Board of Appeals were
published in the McHENRY PLAINDEALER HERALD, a newspaper of
general circulation in the City of McHenry, within the time
provided by law; and
WHEREAS, the Plan Commission of the City of McHenry has held
a public hearing on said request to amend the provisions of the
City's Comprehensive Plan to change the designated planned use
of the subject property from its presently designated use to
allow the uses provided above; and
WHEREAS, the Zoning Board of Appeals of the City of McHenry
has held a public hearing on said request to amend the
provisions of the City's Comprehenseive Zoning Ordinance, as
amended, to reclassify the Subject Property as follows:
Parcel A, consisting of approximately 11.6312 acres, more or
less, be classified as "B-2", COMMERCIAL -RECREATIONAL DISTRICT;
Parcel B, consisting of approximately 7.9949 acres, more or
less, be classified as "B-2", COMMERCIAL -RECREATIONAL DISTRICT:
and
Parcel C, consisting of approximately 21.4695 acres, more or
less, be classified as "R-4", MULTI -FAMILY DISTRICT;
and each has filed its report with the Corporate Authorities
recommending its respective approval; and
=C
NOW, THEREFORE, BE IT ORDAINED BY THE CORPORATE AUTHORITIES
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION I: The real estate described as follows be and the
same is hereby annexed to and made a part of the corporate
limits of the City of McHenry, McHenry County, Illinois,
including any and all portions of adjacent streets, roads or
highways as required by law:
PARCEL A:
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, and part of the South 768.48 feet of the Southwest
Quarter of Section 2, Township 44 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at
the Southeast corner of said Southeast Quarter of Section 3;
thence West along the South line of said Section 3, a distance
of 986.18 feet; thence North parallel with the East line of said
Southeast Quarter of Section 3, a distance of 354.39 feet, for a
point of beginning; thence East along a line drawn 89 degrees,
12 minutes, 45 seconds to the right with a prolongation of the
last described line, a distance of 981.85 feet to a point of
curve; thence along a curve to the right having a radius of 50.0
feet, an arc distance of 97.15 feet to a point on the curving
Westerly right of way line of Illinois State Route 31; thence
Northerly along the curving Westerly right of way line of
Illinois State Route 31, being a curve to the left, having a
radius of 11,419.00 feet, an arc distance of 417.83 feet to a
point of tangency in said Westerly right of way line; thence
Northerly along the Westerly right of way line of said Illinois
State Route 31, a distance of 94.67 feet to the intersection
with the North line of said South 768.48 of the Southwest
Quarter of said Section 2; thence West along said North line, a
distance of 213.56 feet to the section line between said
Sections 2 and 3; thence West along the South line of the North
1867 feet of the Southeast Quarter of said Section 3, a distance
of 1079.0 feet; thence South parallel with the East line of said
Section 3, a distance of 414.47 feet; thence East along a line
drawn 90 degrees, 47 minutes, 15 seconds to the left with a
prolongation of the last described line, a distance of 92.79
feet to the point of beginning, all in McHenry County, Illinois,
containing 11.6312 acres, more or less.
PARCEL B:
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, and part of the South 768.48 feet of the Southwest
Quarter of Section 2, Township 44 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at
-5-
the Southeast corner of said Southeast Quarter of Section 3;
thence West along the South line of said Section 3, a distance
of 68.81 feet to the intersection with the Westerly right of way
line of Illinois State Route 31, for a point of beginning;
thence continuing West along the South line of said Section 3, a
distance of 917.27 feet; thence North parallel with the East
line of said Southeast Quarter of Section 3, a distance of
354.39 feet; thence East along a line drawn 89 degrees, 12
minutes, 45 seconds to the right with a prolongation of the last
described line, a distance of 981.85 feet to a point of curve;
thence along a curve to the right having a radius of 50.0 feet,
an arc distance of 97.15 feet to a point of compound curve on
the said Westerly right of way line of Illinois State Route 31;
thence along a curve to the right, being also the Westerly right
of way line of Illinois State Route 31, an arc distance of
308.17 feet, to the point of beginning, all in McHenry County,
Illinois, containing 7.994926 acres, more or less.
PARCEL C:
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the
Southeast corner of said Section 3; thence West along the South
line of said Section 3, a distance of 986.18 feet to a point for
a point of beginning; thence continuing along said South line of
said Section 3, a distance of 1265.13 feet to the West line of
the said East 2251.31 feet of the Southeast Quarter of Section
3; thence North along said West line of said East 2251.31 feet,
a distance of 770.60 feet to the intersection with the South
line of the North 1867 feet of the Southeast Quarter of said
Section 3; thence East along said South line of the North 1867
feet of the Southeast Quarter of said Section 3, a distance of
1172.31 feet; thence South along a line drawn parallel with the
East line of said Southeast Quarter of said Section 3, a
distance of 414.47 feet to a point; thence East along a line
drawn 90 degrees, 47 minutes, 15 seconds to the left with a
prolongation of the last described line, a distance of 92.79
feet; thence South parallel with the East line of said Southeast
Quarter of said Section 3, a distance of 354.39 feet to the
point of beginning, all in McHenry County, Illinois, containing
21.4695 acres, more or less.
SECTION II: The City Clerk is hereby directed to prepare an
accurate map of the real estate described and annexed and when
satisfied as to the accuracy of said map, record the map and a
certified copy of this Ordinance in the Office of the Recorder
of Deeds, McHenry County, Illinois. Following the recordation
Ir:fl
of this Ordinance and the map of the real estate above described
and annexed, a copy thereof shall be filed in the Office of the
Clerk of McHenry County, Illinois.
SECTION III: The report of the City of McHenry Plan
Commission and Zoning Board of Appeals recommending the
Amendment of the Comprehensive Plan and the requested
reclassification of said property be and the same are hereby
approved, modified, and incorporated herein by reference.
SECTION IV: The real estate hereinabove annexed in Section
I be and the same is hereby classified as follow:
A. Parcel A, consisting of approximately 11.6312 acres, more or
less and Parcel B consisting of approximately 7.9949 acres more
or less shall be classified as "B-2", COMMERCIAL -RECREATIONAL
DISTRICT, but only the following uses (with ancillary uses
incident thereto) shall be allowed:
(a) Health clubs, and ancillary facilities;
(b)
Motels;
(c)
Hotels;
(d)
Offices;
(e) Signs, subject to Article XVIII;
(f) Restaurants;
(g) Indoor theaters;
(h) Uses customarily incidental to any of the above uses
and accessory buildings when located on the same lot;
(i) Required off-street parking; and
(j) Special Uses, subject to the provisions of Article XV.
B. There shall be a further restriction limiting the uses on
Parcel A to:
-7-
(a) Motels;
(b) Hotels;
(c) Signs, subject to Article XVIII;
(d) Uses customarily incidental to any of the above uses
and accessory buildings when located on the same
lot; and
(e) Required off-street parking.
C. That pursuant to the Annexation Agreement it is the mutual
agreement of the parties that in the event the owner of Parcel A
requests any of the additional "B-2" uses as specified in
Section IV A. hereinabove that a zoning hearing will not be
required so long as the request is for the uses specified in
Section IV A. However, a hearing before the City Council with
public notice as required by statute for amending Annexation
Agreements shall be necessary and the City Council may in their
discretion consider additional uses. That in addition to public
notice to amend the Annexation Agreement the owner of Parcel A
shall also give written notice of any such requests to the
Northern Illinois Medical Center, Inc. at 4201 W. Medical Center
Drive, McHenry, Illinois- 60050.
D. Parcel C, consisting of approximately 21.4695 acres, more or
less, be classified as "R-4", MULTI -FAMILY DISTRICT;
That the Corporate Authorities hereby state that the CITY
shall allow the Petitioners to construct a 40,000 square foot
hotel/motel/restaurant/banquet facility/cocktail lounge on
Parcel A with parking for 300 cars and that is thirty-five feet
in height, (with a penthouse elevator extending an additional
five feet above the roof peak), with exterior elevations
substantially similar to those depicted upon the rendering in
the possession of the City Clerk, with minimum yard setbacks as
follows:
Front (that portion of premises fronting on Shamrock
Lane) 30 feet;
Side 10 feet from Parcel A's West lot line;
Side 100 feet from Parcel A's East lot line (abutting
Route 31); and
Rear 35 feet from Parcel A's North Lot Line;
and Parcel C satisfies the required frontage width.
SECTION V: All maps, plats, journals and other records,
including the City's Comprehensive Plan, 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
annexation and zoning of the real estate as described in Section
I hereinabove.
SECTION VI: This Ordinance shall be known as Ordinance
No. 0-85-376 and shall be in full force and effect from
and after its passage and approval according to law.
PASSED by the Corporate Authorities of the City of McHenry,
McHenry County, Illinois, and approved by me this 23rd day
of September , 1985.
ATTEST:
(SEAL)
PASSED: 09/23/85
APPROVED: 09/23/85
NUMBER VOTING AYE: 8
NUMBER VOTING NAY: 0
NUMBER ABSENT: 0
NUMBER ABSTAINING: 0
APPROVED AS TO FORM:
City Attorney
3020S
CITY
�O�F�McHENR
B y : 1!it/
It Mayor
-10-
ORDINANCE NO. 0-85-375
AN ORDINANCE PROVIDING1"FOR THE APPROVAL OF A PROPOSED
ANNEXATION AGREEMENT BETWEEN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS AND MCHENRY STATE BANK AND
THEODORE N. PITZEN, AS TRUSTEES UNDER THE PROVISIONS
OF A TRUST AGREEMENT DATED THE 21ST DAY OF NOVEMBER, 1973
AND KNOWN AS TRUST NO. 608
WHEREAS, McHENRY STATE BANK and THEODORE N. PITZEN, as
Co -Trustees under the provisions of a Trust Agreement dated the
21st day of November, 1973 and known as Trust No. 608 is the
record owner of the following described real estate:
PARCEL A:
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, and part of the South 768.48 feet of the Southwest
Quarter of Section 2, Township 44 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at
the Southeast corner of said Southeast Quarter of Section 3;
thence West along the South line of said Section 3, a distance
of 986.18 feet; thence North parallel with the East line of said
Southeast Quarter of Section 3, a distance of 354.39 feet, for a
point of beginning; thence East along a line drawn 89 degrees,
12 minutes, 45 seconds to the right with a prolongation of the
last described line, a distance of 981.85 feet to a point of
curve; thence along a curve to the right having a radius of 50.0
feet, an arc distance of 97.15 feet to a point on the curving
Westerly right of way line of Illinois State Route 31; thence
Northerly along the curving Westerly right of way line of
Illinois State Route 31, being a curve to the left, having a
radius of 11,419.00 feet, an arc distance of 417.83 feet to a
point of tangency in said Westerly right of way line; thence
Northerly along the Westerly right of way line of said Illinois
State Route 31, a distance of 94.67 feet to the intersection
with the North line of said South 768.48 of the Southwest
Quarter of said Section 2; thence West along said North line, a
distance of 213.56 feet to the section line between said
Sections 2 and 3; thence West along the South line of the North
1867 feet of the Southeast Quarter of said Section 3, a distance
of 1079.0 feet; thence South parallel with the East line of said
Section 3, a distance of 414.47 feet; thence East along a line
drawn 90 degrees, 47 minutes, 15 seconds to the left with a
prolongation of the last described line, a distance of 92.79
feet to the point of beginning, all in McHenry County, Illinois,
containing 11.6312 acres, more or less.
PARCEL B :
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, and part of the South 768.48 feet of the Southwest
Quarter of Section 2, Township 44 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at
the Southeast corner of said Southeast Quarter of Section 3;
thence West along the South line of said Section 3, a distance
of 68.81 feet to the intersection with the Westerly right of way
line of Illinois State Route 31, for a point of beginning;
thence continuing West along the South line of said Section 3, a
distance of 917.27 feet; thence North parallel with the East
line of said Southeast Quarter of Section 3, a distance of
354.39 feet; thence East along a line drawn 89 degrees, 12
minutes, 45 seconds to the right with a prolongation of the last
described line, a distance of 981.85 feet to a point of curve;
thence along a curve to the right having a radius of 50.0 feet,
an arc distance of 97.15 feet to a point of compound curve on
the said Westerly right of way line of Illinois State Route 31;
thence along a curve to the right, being also the Westerly right
of way line of Illinois State Route 31, an arc distance of
308.17 feet, to the point of beginning, all in McHenry County,
Illinois, containing 7.994926 acres, more or less.
PARCEL C:
Part of the East 2251.31 feet of the Southeast Quarter of
Section 3, Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the
Southeast corner of said Section 3; thence West along the South
line of said Section 3, a distance of 986.18 feet to a point for
a point of beginning; thence continuing along said South line of
said Section 3, a distance of 1265.13 feet to the West line of
the said East 2251.31 feet of the Southeast Quarter of Section
3; thence North along said West line of said East 2251.31 feet,
a distance of 770.60 feet to the intersection with the South
line of the North 1867 feet of the Southeast Quarter of said
Section 3; thence East along said South line of the North 1867
feet of the Southeast Quarter of said Section 3, a distance of
1172.31 feet; thence South along a line drawn parallel with the
East line of said Southeast Quarter of said Section 3, a
distance of 414.47 feet to a point; thence East along a line
drawn 90 degrees, 47 minutes, 15 seconds to the left with a
prolongation of the last described line, a distance of 92.79
feet; thence South parallel with the East line of said Southeast
Quarter of said Section 3, a distance of 354.39 feet to the
point of beginning, all in McHenry County, Illinois, containing
21.4695 acres, more or less.
WHEREAS, said real estate is contiguous to the existing
corporate limits of the City of McHenry, McHenry County,
Illinois; and
IWZ
WHEREAS, notice of public hearing was published in the
McHENRY PLAINDEALER, a newspaper of general circulation in the
City, within the time provided by law, notifying the public of a
hearing on said proposed Annexation Agreement to be held before
the Corporate Authorities of the City of McHenry, McHenry
County, Illinois, on the 23rd day of September, 1985 at 7:30
P.M.; and
WHEREAS, the Corporate Authorities of the City of McHenry
have held the hearing as required by law and have found the
entry into said Agreement will not be detrimental to public
health, welfare or safety of the inhabitants of the City of
McHenry, McHenry County, Illinois;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION I: The Annexation Agreement bearing the 23rd day
of September , 1985 by and between the City of McHenry, a
Municipal Corporation in the State of Illinois and McHENRY STATE
BANK and THEODORE N. PITZEN, as Co -Trustees under the provisions
of a Trust Agreement dated the 21st day of November, 1973 and
known as Trust No. 608, CLARA S. STILLING, McHENRY AREA ECONOMIC
DEVELOPMENT COMMISSION, INC., an Illinois Not -For -Profit
Corporation, and JOHN TYSHENKO and TAMARA TYSHENKO, his wife, be
and the same are hereby approved. A complete and accurate copy
of said Annexation Agreement is attached to this Ordinance and
incorporated herein by reference as Exhibit "A".
-3-
SECTION II: The Mayor and City Clerk of the City of McHenry
are authorized to affix their signatures as Mayor and City Clerk
of said City to said Agreement for the uses and purposes therein
set forth.
SECTION III: This Ordinance shall be known as Ordinance
No. 0-85-375 and shall be in full force and effect
immediately after its passage and approval as required by law.
PASSED by a
F u'l 1
( / ) majority of the City
Council of the City of McHenry and approved by me this 23rd day
of September , 1985.
ATTEST:
City Clerk
(SEAL)
PASSED:
APPROVED:
NUMBER VOTING AYE:
NUMBER VOTING NAY:
NUMBER ABSENT:
NUMBER ABSTAINING:
APPROVED AS TO FORM:
City Attorney
09/23/85
09/23/85
3
0
0
0
CITY OF MCHENRY
By:
Y
Its ayor
3021S
-4-
ORDINANCE NO. 0-85-374
AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES
FOR THE FISCAL YEAR BEGINNING MAY 1, 1985 AND ENDING
APRIL 30, 1986, IN AND FOR THE CITY OF McHENRY, ILLINOIS
SPECIAL SERVICE AREA NUMBER ONE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS, as follows:
SECTION 1. FINDINGS. On June 7, 1982, the City Council of the City
of McHenry, McHenry County, Illinois adopted Ordinance Number 0-82-288
providing for the establishment of City of McHenry Special Service Area
Number One. On September 2, 1982 the City Council of the City of McHen-
ry, Illinois adopted Ordinance Number 0-82-296 enlarging the City of
McHenry Special Service Area Number One. On July 16, 1984 the City Coun-
cil adopted Ordinance Number 0-84-342 amending the boundaries of City of
McHenry Special Service Area Number One. Said Special Service Area Num-
ber One consists of the territory descirbed as enlarged in Exhibit 3 at-
tached to Ordinance Number 0-82-296 and as amended on the Legal Descrip-
tion attached to Ordinance Number 0-82-342. The City of McHenry, Illi-
nois is now authorized to levy taxes for the special services in said
Special Service Area as enlarged and amended.
SECTION 2. That the total amount of appropriations for all purposes
to be collected from the tax levy of the current fiscal year in Special
Service Area Number One is ascertained to be the sum of $108,840.00.
SECTION 3. That the following sum be and the same is hereby levied
upon the taxable property, as defined in the Revenue Act of 1939 in the
City of McHenry Special Service Area Number One, said tax to be levied
for the fiscal year beginning May 1, 1985 and ending April 30, 1986:
For interest and principal . . . . . $108,840.00
SECTION 4. This tax is levied pursuant to Article VII of the Con-
stitution of the State of Illinois and Chapter 120, Illinois Revised
Statutes, Sec. 1301, et. seq. and pursuant to the above described or fin-
ances establishing, enlarging and amending City of McHenry Special Ser-
vice Area Number One.
SECTION 5. That there is hereby certified to the County Clerk of
McHenry County, Illinois the sum aforesaid, constituting said total
amount which is required to be raised by taxation for the current fiscal
year of the City of McHenry, Illinois and the City Clerk of said City of
McHenry is hereby ordered and directed to file with the County Clerk of
McHenry County, Illinois on or before the time required by law a certi-
fied copy of this ordinance.
FI L C_ D
MCA EWA,'/ C'auN-rY
R-a Q-gs
SECTION 6. This ordinance shall be published in pamphlet form by
and under the authority of the Corporate Authorities of the City of Mc-
Henry, Illinois.
SECTION 7. This ordinance shall be in full force and effect from
and after its adoption, publication and approval as provided by law.
PASSED this 21st day of August , 1985.
AYES: Bolger, McClatchey, Lieder, Serritella, Smith, Snell, Teta
NAYS: None
ABSENT: Nolan
NOT VOTING: None
ABSTAINED: None
APPROVED this 21st day of
ATTEST:
City Clerk
-2-
August 1985.
or