HomeMy WebLinkAboutOrdinances - O-93-622 - 03/15/1993 - GRANT CUP FOR BRAKE AND MUFFLER SHOP AT MARKET PLAU,PgKF -� Inurri-ER E, mP
=-RDINANCE NO. 0-93-622
AN ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS.
GRANTING A CONDITIONAL USE PERMIT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY
COUNTY, ILLINOIS, AS FOLLOWS:
Whereas. a written petition signed by Parkway Bank & Trust Company,
Trust #9644 and Georae Voutiritsas, beneficiary, has been filed with
the City clerk of the City of McHenry, Illinois requesting the granting
a variation under the provisions of the Zoning Ordinance of the City of
McHenry, and such Ordinance as amended, concerning the following
described premises:
PARCEL 1: THAT PART OF THE EAST 10.00 ACRES OF LOT 24, AND THAT PART
OF LOT 26 OF THE COUNTY CLERK'S PLAT IN THE EAST HALF OF SECTION 27,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN.
ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF
MCHENRY COUNTY, ILLINOIS, ON MAY 6, 1902, IN BOOK 2 OF PLATS ON PAGE
41, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE
EAST 10.00 ACRES OF SAID LOT 24, SAID POINT ALSO BEING IN THE CENTER
LINE OF STATE ROUTE 120; THENCE SOUTHEASTERLY" ALONG THE CENTER LINE OF
SAID STATE ROUTE 120, FOR A DISTANCE OF 435.56 FEET TO A POINT OF CURVE
IN SAID CENTER LINE; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, BEING
ON A CURVE, CONVEX NORTHEASTERLY, FOR A DISTANCE OF 129.70 FEET, (CHORD
MEASUREMENTS), TO A POINT OF INTERSECTION OF SAID CENTER LINE AND THE
EAST LINE OF SAID LOT 26; 7HENCE NORTH ON THE EAST LINE OF SAID LOT 26,
FOR A DISTANCE OF 597.50 FEET TO A POINT; THENCE WEST AT RIGHT ANGLES
TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT, FOR A DISTANCE
OF 546.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 10.00 ACRES OF
SAID LOT 24; THENCE SOUTH 451.68 FEET TO THE PLACE OF BEGINNING IN
MCHENRY COUNTY, ILLINOIS. ALSO
PARCEL 2: THAT PART OF THE EAST HALF OF THE SOUTH EAST QUARTER OF
SECTION 27, TOWNSHIP 4S NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION
OF THE WEST LINE OF SAID EAST HALF OF THE SODUTHEAST 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 MCHENRY COUNTY,
ILLINOIS, ON MAY 6. 1902, IN BOOK 2 OF PLATS OF PAGE 41), AND RUNNING
THENCE NORTH ON THE WEST LINE THEREOF AND ON THE EAST LINE OF SAID LOT
26, FOR A DISTANCE OF 597.50 FEET TO A POINT, FOR THE PLACE OF
BEGINNING. SAID POINT BEING THE NORTHWEST CORNER OF A CERTAIN DEED
RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, AS
DOCUMENT NO. 516310; THENCE EAST ON THE NORTH LINE OF DOCUMENT NO.
516310, FOR A DISTANCE OF 30.42 FEET TO A POINT; THENCE SOUTHWESTERLY
FOR A DISTANCE OF 217.22 FEET 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 IN MCHENRY COUNTY, ILLINOIS.
Whereas, said Petitioner is requesting that that part of the property
formerly occupied by the Goodyear Service Center be granted a
conditional use to permit the operation of a brake and muffler shop
with the condition that overnight car storage must be inside thereon
pursuant to the City of McHenry zoning ordinance;
Whereas, a hearing was held before the City of McHenry Zoning Board
of Appeals on March 1, 1993, at which time the Zoning Board of Appeals
did take evidence and view exhibits presented thereat by the
Petitioner, and recommended that said conditional use permit be
granted;
Whereas, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested
zoning variation;
Whereas, based on the Zoning Board of Appeals found, and the City
Council concurs in that finding, that it would serve the interests of
the City if a conditional use were granted for Parkway Bank & Trust
Company, Trust #9644, in that:
Any adverse impact of types or volumes of traffic flow not otherwise
typical in the zoning district has been minimized;
Any adverse effects of noise, glare, odor, dust, waste disposal,
blockage of light or air, or other adverse environmental effect of a
type or degree not characteristic of permitted uses in the Zoning
District, have been appropriately controlled;
The proposed use will fit harmoniously with the existing natural or
man-made character of its surroundings, and with permitted 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;
The proposed use 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;
The proposed use 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 vicinity;
The proposed use is in harmony with all other elements of
compatibility pertinent to the conditional use and its particular
location;
Now, therefore, be it ordained by the City Council of the City of
McHenry, Illinois as follows:
Section 1: that a conditional use is given to the property being
legally described above, that is,
PARCEL 1: THAT PART OF THE EAST 10.00 ACRES OF LOT 24, AND THAT PART
OF LOT 26 OF THE COUNTY CLERK'S PLAT IN THE EAST HALF OF SECTION 27,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE OF
MCHENRY COUNTY, ILLINOIS, ON MAY 6, 1902, IN BOOK 2 OF PLATS ON PAGE
41, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE
EAST 10.00 ACRES OF SAID LOT 24, SAID POINT ALSO BEING IN THE CENTER
LINE OF STATE ROUTE 120; THENCE SOUTHEASTERLY ALONG THE CENTER LINE OF
SAID STATE ROUTE 120, FOR A DISTANCE OF 435.56 FEET TO A POINT OF CURVE
IN SAID CENTER LINE; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, BEING
ON A CURVE, CONVEX NORTHEASTERLY, FOR A DISTANCE OF 129.70 FEET, (CHORD
MEASUREMENTS), TO A POINT OF INTERSECTION OF SAID CENTER LINE AND THE
EAST LINE OF SAID LOT 26; THENCE NORTH ON THE EAST LINE OF SAID LOT 26,
FOR A DISTANCE OF 597.50 FEET TO A POINT; THENCE WEST AT RIGHT ANGLES
TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT, FOR A DISTANCE
OF 546.00 FEET TO A POINT ON THE WEST LINE OF THE EAST 10.00 ACRES OF
SAID LOT 24; THENCE SOUTH 451.68 FEET TO THE PLACE OF BEGINNING III(
MCHENRY COUNTY, ILLINOIS. ALSO
PARCEL 2: THAT PART OF THE EAST HALF OF THE SOUTH EAST QUARTER OF
SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF INTERSECTION
OF THE WEST LINE OF SAID EAST HALF OF THE SODUTHEAST 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 MCHENRY COUNTY,
ILLINOIS, ON MAY 6. 1902, IN BOOK 2 OF PLATS OF PAGE 41), AND RUNNING
THENCE NORTH ON THE WEST LINE THEREOF AND ON THE EAST LINE OF SAID LOT
26, FOR A DISTANCE OF 597.50 FEET TO A POINT, FOR THE PLACE OF
BEGINNING. SAID POINT BEING THE NORTHWEST CORNER OF A CERTAIN DEED
RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, AS
DOCUMENT NO. 516310; THENCE EAST ON THE NORTH LINE OF DOCUMENT NO.
516310, FOR A DISTANCE OF 30.42 FEET TO A POINT; THENCE SOUTHWESTERLY
FOR A DISTANCE OF 217.22 FEET 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 IN MCHENRY COUNTY, ILLINOIS.
Section 2: All ordiances or parts thereof in conflict herweith be
and the same are hereby repealed;
Section 3: That all maps, plans, journals and other records
including the zoning district map of the City of McHenry shall be
amended to reflect the granting of the conditional use permit to the
above -described premises, to permit a brake and muffler shop in the
space formerly occupied by the Goodyear Service Center, subject,
however, to the condition that there shall be no overnight storage of
any motor vehicles outside of the building on said premises.
I
This ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form, as provided by law.
Passed this 15th day of
March
1993.
AYES:Lieder, Locke, Donahue, Bolger, Serritella, Patterson, Adams, Smith
NAYS . _ None
ABSTAINED: None
ABSENT. None _
NOTVOTING: None
This ordinance approved this 15th day of March ,1993.
MAYOR
ATTEST: