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HomeMy WebLinkAboutOrdinances - O-89-491 - 02/08/1989 - GRANT VARIANCE AND CUP CUNAT LOT 3 IN KAUFMAN SUBDIAMOND LESUEUR 8� ROTH, ASSOCIATES ATTORNEYS ZA43, W ELM STREET McHENRY, ILLINOIS 815 385-68AO STATE OF ILLINOIS ) COUNTY OF McHENRY ) SS CITY OF McHENRY IN THE MATTER OF THE APPLICATION OF ) THE McHENRY STATE BANK, AS TRUSTEE UNDER ) TRUST NO. 2649, AND CUNAT BROTHERS, INC., ) FOR A VARIATION OF THE ZONING ORDINANCE OF ) THE CITY OF McHENRY AND THE ISSUANCE OF ) A CONDITIONAL USE PERMIT UNDER THE ) PROVISIONS OF THE ZONING ORDINANCE OF THE ) CITY OF McHENRY, McHENRY COUNTY, ILLINOIS. ) ORDINANCE NO. 0-89-491 ORDINANCE GRANTING A VARIATION AND THE ISSUANCE OF A CONDITIONAL USE PERMIT WHEREAS, your Petitioners, THE McHENRY STATE BANK, as Trustee under Trust No. 2649, and CUNAT BROTHERS, INC., have filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting a variation of the Zoning Ordinance of the City of McHenry and the issuance of a conditional use permit in regard to the following described real estate: Lot 3 in A.M. Kaufman Subdivision, being a subdivision of part of the West Half of the Northeast Quarter of Section 28, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded on April 27, 1979 as Document No. 766157, in McHenry County, Illinois. WHEREAS, the Petition requests a variation on the subject property allowing two (2) principal buildings with a conditional use permit for one of the buildings to be used for low hazard storage; and WHEREAS, a hearing on said Petition was held before the Zoning Board of Appeals of the City of McHenry in the manner and the form as prescribed by Ordinance and Statute; and WHEREAS, as a result of said hearing, the taking of evidence, and the viewing of exhibits advanced thereat, the Zoning Board of Appeals of the City, of McHenry did recommend to the City Council of the City of McHenry the granting of the variation allowing two (2) principal buildings with a con- DIAMOND, LESUEUR 6� ROTH, ASSOCIATES ATTORNEYS 3-31 W ELM STREET MCHENRY ILLINOIS j 815 365-6640 ditional use permit to issue for one building to be used for low hazard storage, subject to the following conditions: (a) Additional fire hydrant(s) to be installed as required by the McHenry Township Fire Protection District; (b) No outdoor storage of vehicles, equipment or maintenance supplies; (c) Use of storage buildings to be limited to the maintenance/management operations of Cunat Brothers, Inc.; (d) The storage building to be substantially built as depicted on the Accessory Building Site Plan submitted to the City of McHenry Department of Development on 12/22/88 on page A-8. WHEREAS, the Zoning Board of Appeals and the City Council have each made the findings that the approval criteria for conditional use (pages 356-357 of the Zoning Ordinance) and the Approval Criteria for Variances (pages 376-377 of the Zoning Ordinance) have been met; and WHEREAS, the City Council has considered the recommendation as submitted by the Zoning Board of Appeals. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois as follows: SECTION 1: That the Zoning Ordinance and the Zoning Maps of the City of McHenry, and such Ordinance and such Maps as amended, be and the same are hereby amended to allow a variation on the above described real estate so as to allow two (2) buildings on a single lot with a conditional use permit allowing one of the buildings to be used for low hazard storage subject to th following conditions: (a) Additional fire hydrant(s) to be installed as required by the McHenry Township Fire Protection District; (b) No outdoor storage of vehicles, equipment or maintenance supplies; (c) Use of storage buildings to be limited to the maintenance/management operations of Cunat Brothers, Inc.; (d) The storage building to be substantially built as depicted on the Accessory Building Site Plan submitted to the City of McHenry Department of Development on 12/22/88 on page A-8. -2- SECTION 2: This Ordinance shall be in full force and effect from and after its passage as by law provided. PASSED THIS = DAY OF February 1989. i VOTING AYE: Bolger, Lieder, McClatchey, Nolan, Patterson, Smith, Teta VOTING NAY: None ABSENT: Serritella ABSTAINED: None NOT VOTING• None ATTEST: DIAMOND, LESUEUR $ ROTH, ASSOCIATES ATTORNEYS 3431 W ELM STREET MCHENRY ILLINOIS 815-385 6840 APPROVED this 8th day of February 0 A , . GILPIN, City U er, -3- , 1989. CITY OF McHENRY, ILLINOIS By: S/0 MAYOR WILLIAM USSE