HomeMy WebLinkAboutOrdinances - O-90-526 - 03/07/1990 - CHARLES MILLER DOBYNS HOUSE CUP EXCURSION BOATST�,B YNS Ho vs�
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0-90-526 11990
CITY OF MMENRY
IN THE MATTER OF THE APPLICATION )
OF MCHENRY STATE BANK TRUST # 4773)
for an entry of an Amendment to )
the Zoning of the City of McHenry,)
McHenry County, Illinois. ) ORDINANCE
WHEREAS, a Petition was filed before the Zoning Board of
Appeals of the City of McHenry by McHenry State Bank, as Trustee,
under Trust No. 4773, as legal title holder, and Charles J. Miller,
owner of sole beneficial interest in said trust; and
WHEREAS, said petition did request a conditional use as to
parcels 1 and 2 and a variance as to parcel 3 concerning the
following described property:
PARCEL 1:
That part of the Southeast Quarter of Section 26, Township 45
North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the point where the Southwesterly line of
Blocks 24, 25 and 26 of the Original Plat of McHenry, West of Fox
River, would intersect Fox River if produced Southeasterly, said
point being 474 feet, more or less, from the Easterly line of
Riverside Drive; thence Northwesterly on said line as produced 474
feet, more or less, to a point on the Easterly line of Riverside
Drive, aforesaid; thence Southwesterly along said Easterly line of
Riverside Drive produced, a distance of 40 feet; thence
Northwesterly parallel with the said Southwesterly line of said
Blocks 24, 25 and 26, a distance of 79 feet to the Westerly line
of Riverside Drive as produced; thence on me Westerly line of
Riverside Drive produced Southwesterly 205 feet, more or less, to
the center line of Boone Creek; thence Easterly along the center
line of said creek to Fox River; thence Northerly along Fox River
to the place of beginning; ALSO All that part of Section 26,
described as follows: Commencing at the point of intersection of
the Easterly line of the aforesaid, Blocks 24, 25 and 26 as
produced Southeasterly; thence Southwesterly along the Easterly
line of said Riverside Drive as produced, a distance of 40 feet;
thence Northwesterly along a line parallel with the Southwesterly
line of said Blocks 24, 25 and 26, a distance of 79 feet; thence
Northeasterly along the Westerly line of said Riverside Drive as
produced to the point of intersection of said Westerly line of
Riverside Drive with the Southwesterly line of said Blocks 24, 25
and 26; thence Southeasterly along the Southwesterly line of said
Blocks 24, 25 and 26 to the place of beginning, ALSO Part of the
Southeast Quarter of Fractional Section 26, being a part of Out -
Lot 1 in Block 27 as shown by the Plat thereof recorded in the
Recorder's Office of McHenry County Illinois in Book 2 of Plats,
page 40, said land lying West of Fox River, described as follows:
Beginning at the point where the Southwesterly line of said Out -
Lot 1 intersections the Westerly line of Fox River; thence
Northwesterly upon and along said Southwesterly line of said, Out -
Lot, 7 feet, more or less, to an iron stake which is 466.7 feet
Southeasterly from the Southwest corner thereof, said point also
being 25 feet Southwesterly from a point hereinafter referred to
as point "A" (the distance 25 feet being measured at right angles
to the Southwesterly line of said Out -Lot 1) thence Northwesterly
upon and along the Southwesterly line of said Out -Lot 1, a distance
of 307 feet; thence Easterly in a straight line 308 feet to a point
"A" hereinbefore designated; thence Easterly upon and along said
last described line produced 2 feet, more or less, to Fox River;
thence Southerly upon and along said Fox River to the place of
beginning, in McHenry County, Illinois.
PARCEL 2:
Part of Lot 4 in Block 27 of the Original Plat of McHenry according
to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds,
page 160, also part of Out -Lot 1 of the County Clerk's Plat of
Block 27 lying West of the Fox River in the City of McHenry,
described as follows: Beginning on the Easterly line of Riverside
Drive at a point 210 feet Southwesterly from its intersection with
the Southerly line of Elm Street; thence Southeasterly on a line
forming an angle of 90 degrees, 17 minutes to the left, with a
prolongation of the last described line for a distance of 406.8
feet to a point; thence Southwesterly at right angles to the last
described line 100.1 feet to a point; thence Northwesterly along
a line forming an angle of 85 degrees, 21 minutes to the right with
a prolongation of the last described line, a distance of 248.9 feet
to a point; thence Westerly along a line forming an angle of 4
degrees, 39 minutes to the right with a prolongation of the last
described line 159.7 feet to a point on the Easterly line of
Riverside Drive aforesaid, thence Northeasterly along the
Northeasterly line of said street, being on a line forming an angle
of 90 degrees, 17 minutes to the right, with a prolongation of the
last described line 120 feet to the place of beginning, ALSO The
adjoining parcel of land described as follows: Beginning at the
most Easterly corner of the above described tract; thence
Southwesterly at right angles to the Northerly boundary thereof
100.1 feet to the most Southerly corner thereof; thence
Southeasterly on a continuation of the Southerly boundary of said
above described tract 58 feet, more or less, to the waters edge of
Fox River; thence Northerly along the waters edge of said Fox River
103 feet, more or less, to a point on the Northerly boundary of
said above described tract produced Southeasterly; thence
Northwesterly 5 feet, more or less, to the place of beginning, in
the Southeast fractional Quarter of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois.
PARCEL 3:
Lot 9 in Block 26 of the Original Plat of the Town (now City) of
McHenry on the West side of Fox river, being a part of the
Southeast Quarter of Section 26, Township 45 North, Range 8 East
of the Third Principal Meridian, according to the Plat thereof July
26, 1840, in Book B of Deeds, page 160, 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 said
petition, motions were made and considered by the McHenry Zoning
Board of Appeals to recommend to the City Council that the
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following uses be designated as accessory uses for the restaurant
use on the subject premises, but failed to pass, to wit:
1. That the dinner excursion boats be designated as an
accessory use to the restaurant known as the Dobyns House pursuant
to Article X, Section Al of the Zoning Ordinance of the City of
McHenry, Illinois.
2. That the rental of boat slips be designated as an
accessory use to the restaurant known as the Dobyns House pursuant
to Article X, Section Al of the Zoning Ordinance of the City of
McHenry, Illinois, and
WHEREAS, all legal notices have been served,
NOW THEREFORE BE IT ORDAINED by the City Council of
the City of McHenry, McHenry County, Illinois, as follows:
1. That the following described property:
PARCEL 1:
That part of the Southeast Quarter of Section 26, Township 45
North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the point where the Southwesterly line of
Blocks 24, 25 and 26 of the Original Plat of McHenry, West of Fox
River, would intersect Fox River if produced Southeasterly, said
point being 474 feet, more or less, from the Easterly line of
Riverside Drive; thence Northwesterly on said line as produced 474
feet, more or less, to a point on the Easterly line of Riverside
Drive, aforesaid; thence Southwesterly along said Easterly lane of
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Riverside Drive produced, a distance of 40 feet; thence
Northwesterly parallel with the said Southwesterly line of said
Blocks 24, 25 and 26, a distance of 79 feet to the Westerly line
of Riverside Drive as produced; thence on the Westerly line of
Riverside Drive produced Southwesterly 205 feet, more or less, to
the center line of Boone Creek; thence Easterly along the center
line of said creek to Fox River; thence Northerly along Fox River
to the place of beginning; ALSO All that part of Section 26,
described as follows: Commencing at the point of intersection of
the Easterly line of the aforesaid, Blocks 24, 25 and 26 as
produced Southeasterly; thence Southwesterly along the Easterly
line of said Riverside Drive as produced, a distance of 40 feet;
thence Northwesterly along a line parallel with the Southwesterly
line of said Blocks 24, 25 and 26, a distance of 79 feet; thence
Northeasterly along the Westerly line of said Riverside Drive as
produced to the point of intersection of said Westerly line of
Riverside Drive with the Southwesterly line of said Blocks 24, 25
and 26; thence Southeasterly along the Southwesterly line of said
Blocks 24, 25 and 26 to the place of beginning, ALSO Part of the
Southeast Quarter of Fractional Section 26, being a part of Out
-Lot 1 in Block 27 as shown by the Plat thereof recorded in the
Recorder's Office of McHenry County Illinois in Book 2 of Plats,
page 40, said land lying West of Fox River, described as follows:
Beginning at the point where the Southwesterly line of said, Out -
Lot 1 intersections the Westerly line of Fox River; thence
Northwesterly upon and along said Southwesterly line of said Out -
Lot, 7 feet, more or less, to an iron stake which is 466.7 feet
Southeasterly from the Southwest corner thereof, said point: also
being 25 feet Southwesterly from a point hereinafter referred to
as point "A" (the distance 25 feet being measured at right angles
to the Southwesterly line of said Out -Lot 1) thence Northwesterly
upon and along the Southwesterly line of said Out -Lot 1, a distance
of 307 feet; thence Easterly in a straight line 308 feet to a point
"A" hereinbefore designated; thence Easterly upon and along said
last described line produced 2 feet, more or less, to Fox River;
thence Southerly upon and along said Fox River to the place of
beginning, in McHenry County, Illinois.
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PyRCEL 2:
Part of Lot 4 in Block 27 of the Original Plat of McHenry according
to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds,
page 160, also part of Out -Lot 1 of the County Clerk's Plat of
Block 27 lying West of the Fox River in the City of McHenry,
described as follows: Beginning on the Easterly line of Riverside
Drive at a point 210 feet Southwesterly from its intersection with
the Southerly line of Elm Street; thence Southeasterly on a line
forming an angle of 90 degrees, 17 minutes to the left, with a
prolongation of the last described line for a distance of 406.8
feet to a point; thence Southwesterly at right angles to the last
described line 100.1 feet to a point; thence Northwesterly along
a line forming an angle of 85 degrees, 21 minutes to the right with
a prolongation of the last described line, a distance of 248.9 feet
to a point; thence Westerly along a line .forming an angle of 4
degrees, 39 minutes to the right with a prolongation of the last
described line 159.7 feet to a point on the Easterly line of
Riverside Drive aforesaid, thence Northeasterly along the
Northeasterly line of said street, being on a line forming an angle
of 90 degrees, 17 minutes to the right, with a prolongation of the
last described line 120 feet to the place of beginning, ALSO The
adjoining parcel of land described as follows: Beginning at the
most Easterly cornea of the above described tract; thence
Southwesterly at right angles to the Northerly boundary thereof
100.1 feet to the most Southerly corner thereof; thence
Southeasterly on a continuation of the Southerly boundary of said
above described tract 58 feet, more or less, to the waters edge of
Fox River; thence Northerly along the waters edge of said Fox River
103 feet, more or less, to a point on the Northerly boundary of
said above described tract produced Southeasterly; thence
Northwesterly 5 feet, more or less, to the place of beginning, in
the Southeast fractional Quarter of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois.
1.1
be hereby granted authority by the City Council of the City of
McHenry under the Article X Section Al of the Zoning Code to
conduct the aforesaid dinner excursion boats and boat slip rental
uses thereon as accessory uses to the restaurant known as the
Dobyns House.
Further, that this Ordinance shall be in full force and effect
from and after its passage and approval.
Passed this 7th day of March , 1990.
VOTING AYE: Bolger, Lieder, Donahue, McClatchey, Patterson, Serritella, Teta
VOTING NAY: None
ABSTAINING: None
ABSENT: Smith
Approved this 7th day of March , 1990.
C T OF M
l
ByAN.4-
May r
ST:
City Clerk
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