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Home My WebLink AboutOrdinances - O-91-581 - 11/06/1991 - GRANT CUP FINANCIAL DRIVE UP FACILITY NORTHERN FEDORDINANCE NO. 0-91-581 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT PURSUANT TO THE CITY OF McHENRY ZONING ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: A Conditional Use Permit be and hereby is granted to Northern Federal Savings Bank, American National Bank & Trust Company of Chicago Trust No. 101030-00 and Inland Monthly Income Fund, L.P., a Delaware limited partnership, for the construction and operation of a free standing drive -up banking facility in accordance with the Site Plan attached hereto as Exhibit "A" as to the following described real estate (the Premises), to -wit: SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF AS IF MORE FULLY SET FORTH BELOW. SECTION 2: Such Conditional Use Permit is granted upon the express condition that: A. Such use is considered an accessory use to the existing banking facility of Northern Federal Savings Bank upon the said Premises; and B. Such accessory use will terminate in the event of the termination of the principal banking use located upon the Premises. C. That the said Site Plan attached hereto as Exhibit "'A" is amended by the removal of seven (7) additional parking spaces, and to the extent that the removal of the seven (7) parking spaces contravenes the minimum parking requirements of the City of McHenry Zoning Ordinance, the said Zoning Ordinance is hereby varied. D. That snow removal from the surface of the parking lot. and stored on the premises not exceed four feet (4') in height: within fifteen feet (15') on either side of any entrance or exit to Route 120 or Industrial Drive. SECTON 3: Such special use is granted following public hearing before and the affirmative recommendation of the Zoning Board of Appeals of the City of McHenry, upon proper publication, mailing and posting of notice and the unanimous affirmative vote of the members of the Zoning Board of Appeals on October 14, 1991. SECTION 4: Such Conditional Use Permit is granted upon the finding by the City Council of the City of McHenry that such use will: A. Be compatible with the existing uses in the area and with the Permitted Uses in the zoning district; B. Create no adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district; C. Will provide for appropriate control of any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air or other adverse environmental effects of a type or degree not characteristic of the Permitted Uses in the zoning district; D. Will fit harmoniously with the existing natural or man-made character of its surroundings, and with the Permitted -2- Uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with Permitted Uses in the district; E. Will not require existing community facilities or services to a degree disproportionate to that normally expected of Permitted Uses in the district nor generate disproportionate demand for new services or facilities in such a way as to place undue burdens upon existing development in the area; F. Will not be detrimental to the safety or health of the employees, patrons or visitors associated with the use nor of the general public in the vacinity. SECTION 5: The City of McHenry Zoning Enforcement Officer be and hereby is authorized and directed to issue such permits and authorization to Northern Federal Savings Bank, Inland Monthly Income Fund, L.P., and American National Bank & Trust. Company of Chicago Trust No. 101030-00 as are necessary to permit the carrying out of construction and operation of the drive -up banking facility in accordance with the terms of this Ordinance. SECTION 6: The adoption of this Ordinance and the, exercising of the rights permitted thereby, shall in no way limit the reconstruction of the shopping center improvements located on the premises, whether by size or design, in the event of the partial or total destruction of said improvements. ISC SECTION 7: All Ordinances or parts thereof in conflict herewith be and the same are hereby amended to conform to this Ordinance. SECTION 8: This Ordinance shall be known as Ordinance No. 0-91-581 and be in effect from and after its passage and approval according to law. PASSED AND APPROVED this 6th day of November , 1991. Ayes: Nayes: Adams, Bolger, Lieder, Locke, Serritella, Smith None Absent: Donahue, Patterson Attest: � . City Clerk Approved as to form: City Attorney awl THIS PLAN SHOVIS A NET LOSS OF 6 PARKING SPACES (%* ) FROM I. CURRENTLY 5Ut1MITTEO PLAN FOR CONDITIONAL USk PERMIT. THIS RLSULTS IN A TOTAL OF 230 SPACES, WHICH IS 6 BELOW THE MINIMUM OF 236, THUS REQUIU NG A VARIANCF. LOSQt 2. SpK•BS �TRt.IC4 t1 APPR�Acu I.Aa llf I 1..oSr= 2 SpA�'S 22 �o wlflEN 8`%PA5 *y LP•N � o�� QP`'ti --1 WAY NPLOrE� r, loSE 2 SpAGEb Lkf fps Ch1ANfaE I►J 'DtQE!C,T►Of1 OF PARK.. aTkLI-`� ^W D OOP- .Wry ExITIO1 LANE �Q�re �zo SITE PLN N NbRT�-IERN FED�FLAL sA�lNo gs p.ur0 It-Ltt1o15 p.Trll / -.IL! /0�, EXHIBIT "A" t� EASEM�N'� b hWRB _ I �',A_ US� ° LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 273 T wUSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; DESCRIBED AS FOL L 014S: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27 AND THE CENTER LINE OF STATE ROUTE 120, (SAID POINT ALSO BEING ON THE EAST LINE OF LOT 26 OF THE COUNTY CLERK'S PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF MC;-iENRY COUNTY, ILLINOIS, ON MAY-6, 1902 IN BOOK 2 OF PLATS, ON PAGE 41); AND RUNNING THENCE NORTH ON THE NEST LINE THEREOF AND ON THE EAST :.INE OF SAID LOT 259 FOR A DISTANCE OF 597.50 FEET TO A POINT; THENCE EAST Ott A LINE FORMING AN ANGLE OF 89 DEGREES AND 59 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 306.18 FEAT TO A POINT OF CURVE; THENCE SOUTHEASTERLY ON A CURVE, CONVEX NORTHEASTERLY AND HAVING A RADIUS OF 29.32 FEET, FOR A DISTANCE OF 43,20 FEET, CHORD HEASURE.JENT, TO A POINT OF TANGENCY; THENCE SOUTHERLY TANGENT TO SAID CURVE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 289.80 FEET TO A POINT OF CURVE; THENCE SOUTHERLY ON A CURVE, CONVEX WESTERLY AND HAVING A RADIUS OF 1610.31 FEZE , FOR . A DISTANCE OF 116.92 FEET, CHORD MEASUREMENT. TO A POINT OF TANGENCY; THE.IlCr SOUTHERLY TANGENT TO THE LAST DESCRIBED CURVE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 231.42 FEET TO A POINT IN THE CENTER LINE OF SAID STATE ROUTE 120; THENCE NORTHWESTERLY ON THE CENTER LINE OF SAID STATE ROUTE 120 ANO BEING ON A CURVE CONVEX NORTHEASTERLY I FOR A DISTANCE OF 323,58 FEET, C::ORD MEASUREMENT TO THE PLACE OF BEGINNING; EXCEPT FROM THE ABOVE DESCRIBED' PROPERTY THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 273, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE TriIRO PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMPIENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF F.A. ROUTE 21 (ILLIHOIS ROUTE 120) WITH THE CENTER LINE OF INDUSTRIAL DRIVE; THENCE NORTHERLY ALONG THE SAID CENTER LINE OF INDUSTRIAL DRIVE, FOR A DISTANCE OF 90.0 FE-T; THENCE WESTERLY ALONG A LINE WHICH IS NORMAL TO' THE SAID CENTER LINE OF INDUSTRIAL DRIVE, FOR A DISTANCE OF 16.5 FEET TO THE PLACE OF BEGINNING OF THIS DESCRIPTION THE.{ry CONiiHL'ING WESTERLY ALO'IG THE PROLONGATION OF THE LAST DESCRIBED COURSE, FOR A DISTANCE OF 35.25 FEET; THENCE' SOUTHWESTERLY ALONG A LINE WHICH IS RADIAL TO THE SAID CENTERLINE OF F.A. ROUTE 21 (ILLINOIS ROUTE 120), FOR A DISTANCE OF 6.86 FEET, MORE OR LESS, TO A POINT ON THE EXIS17NG RIGHT OF WAY LINE OF OLD WOODSTOCK AND MCHENRY ROAD; THENCE SOUTHEASTERLY ALONG THE SAID EXISTING RIGHT OF WAY OF OLD WOODSTOCK AND MCHENRY ROAD, FOR A DISTANCE OF 44.34 FEET TO THE POINT OF INTERSECTION WITH A LINE ORAWN PARALLEL WITH AND 16.5 F:ET NORMALLY DISTANCE WESTERLY OF THE SAID CENTER LINE OF INDUSTRIAL DRIVE; THENCE NORTHERLY ALONG THE LAST DESCRIBED PARALLEL LINE, FOR A DISTANCE OF 29.21 FEET TO THE PLACE OF BEGINNING: ALSO EXCEPT THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF Sts:TION 27, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 27 MO THE. CaT'ER LINE OF ILLINOIS ROUTE 120, (SAID POINT ALSO BEING ON THE EAST LINE OF LOT' 25 OF THE COUNTY CLERK'S PLAT, ACCORDING TO THE PLAT THEREOF RECORDED MAY 6, 151OZ III B-0OK Z OF PLATS, PAGE 41), AND RUNNING THENCE NORTH ON THE WEST LINE THEREOF A.MG ON THE EAST LINE OF SAID LOT 26, FOR A DISTANCE OF 597.50 FEET TO A POINT FOR A PLACE OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF A CE',RTAIH DEED RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS AS DGCUMEHT NO. 516310, THENCE EAST ON THE NORTH LINE OF DOCUMENT 516310, FOR A 04STANCE OF 30.42 FEET TO A POINT; THENCE SOUTHWESTERLY, FOR A DISTANCE OF 217.22 FE-- i TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER, SAID POINT BEING 215.08 FEET SOUTH OF THE PLACE OF BEGINNING; THENCE NORTH 215.08 FEET TO THE PLACE OF BEGINNING ALL IN MCHENRY COUNTY. ILLINOIS EXHIBIT "B"