HomeMy WebLinkAboutOrdinances - O-93-638 - 10/13/1993 - GRANT RECLASS VARIANCE AND CUP ARBYS PROPERTY MCCORDINANCE NO. 0- 9 3- 6 38
An Ordinance Granting a Zoning
Variation and Conditional Use Permit
for Lot 3, Known as the Arby's
Property in McCullom Place, Mcffenry
WHEREAS, THE CITY OF McHENRY has been requested by a petition
signed by American national Bank and Trust Company as trustee under
Trust No. 40362, owner, and R.B. Skokie Corporation, d/b/a Arby's
Roast Beef Restaurants, contract purchaser, to grant a variation
from the City of McHenry Zoning Ordinance to reduce the required
rear yard from 15 feet to 11 feet and grant a conditional use
permit for a drive through restaurant for certain property located
within the City; and
WHEREAS, A PUBLIC HEARING was held by the McHenry Zoning Board
of Appeals, after due notice in the manner provided by law; and
WHEREAS, THE ZONING BOARD OF APPEALS, after deliberation, has
made a report and recommended the granting of said zoning variation
and issuing said conditional use permit; and
WHEREAS, THE CITY COUNCIL has considered the findings of fact,
based upon the evidence presented at the public hearing, presented
to the Zoning Board of Appeals by the petitioners.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY
OF McHENRY, McHenry County, Illinois, as follows:
SECTION 1: That a variation from the City of McHenry Zoning
Ordinance, Table 6 (C3 Zoning District), shall be granted to reduce
the required rear yard from 15 feet to 11 feet for Lot 3 in
McCullom Place ("Subject Property"), which is legally described as
follows:
Lot 3 of McCullom Place, a subdivision of part of the
Northeast Quarter of Section 26, Township 45 north, Range
8 east of the Third Principal Meridian, in McHenry
County, Illinois, that is described as follows: beginning
at the northwest corner of Dr. C.H. Feger's Addition to
the Village of McHenry, being a subdivision recorded
October 17, 1895, as Document No. 16171, thence south 00
Arby's Zoning Variation Ordinance, Page 1
degrees 11 minutes 19 seconds east along the west line of
said Dr. C.H. Feger's Addition, a distance of 709.09 feet
to the northeast corner of Lot 6 in County Clerk's plat
of the north half of Section 26, thence south 89 degrees
00 minutes 28 seconds west along the north line of said
Lot 6 in County Clerk's plat of the north half of Section
26, a distance of 66.00 feet to the northwest corner of
said Lot 6 in County Clerk's plat in the north half of
Section 26, thence north 87 degrees 51 minutes 32 seconds
west, a distance of 221.68 feet to a point which if
projected northwesterly at north 87 degrees 51 minutes 32
seconds west would intersect the west line of the
Northeast Quarter of said Section 26 at a distance of
372.71 feet, said intersection being 214.50 feet norther-
ly of the southwest corner of said Northeast Quarter of
Section 26 as measured along said west line of the
Northeast Quarter of Section 26, thence north 00 degrees
26 minutes 50 seconds east a distance of 341.71 feet to
a point which is located 536.40 feet north of said
Southwest Quarter of the Northeast Quarter of Section 26
as measured along the west line of said Northeast Quarter
of Section 26 and 372.52 feet easterly of said west line
of the Northeast Quarter of Section 26 as measured on a
bearing of north 89 degrees 06 minutes 11 seconds east,
thence north 64 degrees 36 minutes 38 seconds east a
distance of 1.68 feet to a point which is 536.40 feet
northerly of the south line of said Northeast Quarter of
Section 26 as measured perpendicular thereto and 377.00
feet easterly of the west line of said Northeast Quarter
of Section 26 as measured perpendicular thereto; thence
south 89 degrees 00 minutes 28 seconds west along a line
parallel to said south line of the Northeast Quarter of
Section 26 a distance of 377.05 feet to a point on the
west line of the Northeast Quarter of said Section 26,
thence north 00 degrees 03 minutes 49 seconds west along
said west line of the Northeast Quarter of Section 26 a
distance of 840.27 feet to the southwest corner of
"Riverside Terrace Phase I," being a subdivision of part
of the Northeast Quarter of said Section 26, recorded on
March 13, 1981, as Document No. 812707 and corrected by
a certificate of correction recorded on March 31, 1981,
as Document No. 813727, thence along the boundary of said
subdivision north 89 degrees 56 minutes 11 seconds east
a distance of 45.00 feet to a point on the easterly
right-of-way of Illinois State Route 31, thence along the
boundary of said subdivision on a curve to the right
having a radius of 25.00 feet an arc length of 38.92 feet
to a point, said point being on the southerly right-of-
way of McCullom Lake Road, thence along the boundary of
said subdivision also being the southerly right-of-way of
McCullom Lake Road north 89 degrees 07 minutes 44 seconds
east a distance of 755.43 feet to the southeast corner of
Arby's Zoning Variation Ordinance, Page 2
said subdivision, thence south 00 degrees 03 minutes 49
seconds east a distance of 440.41 feet, thence south 71
degrees 05 minutes 20 seconds east a distance of 73.41
feet, thence south 00 degrees 59 minutes 32 seconds east
a distance of 42.47 feet to a point on the north line of
said Dr. C.H. Feger's Addition to the Village of McHenry,
thence along the north line of said Dr. C.H. Feger's
Addition to the Village of McHenry south 89 degrees 00
minutes 28 seconds west a distance of 236.75 feet to the
point of beginning, excepting therefrom that portion
previously dedicated for the Illinois State Route 31.
Said property consists of .62± acres and is located
approximately 400 feet south of the southeast corner of
McCullom Lake Road and State Route No. 31.
SECTION 2: That a conditional use is hereby issued for a
drive-in restaurant, as defined in the City of McHenry Zoning
Ordinance, for the Subject Property. Said conditional use is
subject to the placement and maintenance of a barrier, approved by
the City, that is not less than six inches in height and completely
painted yellow.
SECTION 3: That all requirements set forth in the Zoning
Ordinance of the City of McHenry, as would be required by any owner
of property zoned in the same manner as the property described
above, shall be complied with.
SECTION 4: The findings and recommendations of the Zoning
Board of Appeals on the question of granting the rezoning for the
subject property are hereby accepted.
SECTION 5: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 6: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
Arby's Zoning Variation Ordinance, Page 3
Voting Aye: Baird, Lawson, Bates, Locke, Bolger
Voting Nay: None
Absent: None
Abstain: None
APPROVED:
Hfiyt5r Steven J. Cuda
(SEAL)
ATTEST: '
City Clerk Barbara If. Gilpin
Passed: October 13, 1993
Approved: October 13,1993
Published: November 3, 1993
Prepared by:
David W. McArdle
Zukowski, Rogers, Flood & McArdle
50 Virginia Street
Crystal Lake, IL 60014
815/459-2050
Arby's Zoning Variation Ordinance, Page 4