HomeMy WebLinkAboutOrdinances - O-94-648 - 01/19/1994 - GRANT CUP C & A LEASING ON HILL ST0-94-648
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY,
ILLINOIS, BY GRANTING A CONDITIONAL USE PERMIT THEREON.
THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
HEREBY ORDAINS AS FOLLOWS:
Whereas, a written petition signed by Allen R. Miller on behalf of C & A
Leasing Corporation (owner) and Smart SMR of Illinois, Inc. (applicant), has been
filed with the City Clerk of the City of McHenry, Illinois, requesting the granting of
a conditional use permit under the provisions of the current Zoning Ordinance of
the City of McHenry, concerning the following described property:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE INTERSECTION OF DOT AND HILL
STREETS AS PLATTED IN SHERMAN HILL INDUSTRIAL SUBDIVISION: THENCE
NORTHWESTERLY ALONG THE NORTHERLY LINE OF HILL STREET, 27.9 FEET TO AN
ANGLE POINT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID HILL STREET,
436.69 FEET TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 10 IN SAID
SHERMAN HILL INDUSTRIAL SUBDIVISION; THENCE SOUTH 01 DEGREES 43 MINUTES 15
SECONDS EAST (BEARING ASSUMED), ALONG SAID WEST LINE, A DISTANCE OF
536.67 FEET TO SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 88 DEGREES
26 MINUTES 32 SECONDS WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF SAID SHERMAN HILL INDUSTRIAL SUBDIVISION A DISTANCE OF 300.78 FEET;
THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A DISTANCE OF 484.80
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF
175.75 FEET; THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A
DISTANCE OF 340.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS
EAST, A DISTANCE OF 575.13 FEET TO THE WESTERLY LINE OF DOT STREET; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF DOT STREET, 290.33 FEET TO THE POINT
OF BEGINNING, (EXCEPTING THEREFORE THAT PART THEREOF DESCRIBED AS
FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST
QUARTER, AND RUNNING THENCE NORTH 12 CHAINS AND 9 LINKS, MORE OR LESS
TO A POINT 112 RODS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 28;
THENCE EAST 10 CHAINS AND 89 LINKS, MORE OR LESS, TO THE CENTER OF THE
PUBLIC HIGHWAY; THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING), ALL IN
MCHENRY COUNTY, ILLINOIS.
Parcel Identification Number: 09-28-151-016
Whereas, said Petitioners are requesting a conditional use permit to allow
construction of a three hundred and fifty (350) feet high self-supporting steel
tower together with a 200 sq. ft. shelter to house electronic equipment for a two-
way mobile radio communications facility. Atop the tower will be mounted three
(3) whip antennas (15 ft. tall each) which will eventually be replaced with nine (9)
panel type antennas (4'X1' each).
Whereas, a hearing was held before the City of McHenry Zoning Board of
Appeals on January 3, 1994, at which time the Zoning Board of Appeals heard
evidence and viewed exhibits presented by the Petitioners, and
Whereas, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested conditional
use permit; and
Whereas, based on the recommendation of the Zoning Board of Appeals,
the City Council concurs with the Board's finding to grant the requested
conditional use permit in that:
A. Any adverse impact of types or volumes of traffic flow not otherwise
typical in the zoning district has been minimized.
B. Any adverse effects of noise, glare, odor, dust, waste disposal,
blockage of light or air, other adverse environmental effects of a
type or degree not characteristic of permitted uses in the zoning
district, have been appropriately controlled.
C. 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.
D. The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected or
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.
E. 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.
F. 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: That a conditional use permit is given to the property legally
described above, that is,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE INTERSECTION OF DOT AND HILL
STREETS AS PLATTED IN SHERMAN HILL INDUSTRIAL SUBDIVISION: THENCE
NORTHWESTERLY ALONG THE NORTHERLY LINE OF HILL STREET, 27.9 FEET TO AN
ANGLE POINT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID HILL STREET,
436.69 FEET TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 10 IN SAID
SHERMAN HILL INDUSTRIAL SUBDIVISION; THENCE SOUTH O1 DEGREES 43 MINUTES 15
SECONDS EAST (BEARING ASSUMED), ALONG SAID WEST LINE, A DISTANCE OF
536.67 FEET TO SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 88 DEGREES
26 MINUTES 32 SECONDS WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF SAID SHERMAN HILL INDUSTRIAL SUBDIVISION A DISTANCE OF 300.78 FEET;
THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A DISTANCE OF 484.80
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE: OF
175.75 FEET; THENCE NORTH O1 DEGREES 43 MINUTES 16 SECONDS WEST, A
DISTANCE OF 340.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS
EAST, A DISTANCE OF 575.13 FEET TO THE WESTERLY LINE OF DOT STREET; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF DOT STREET, 290.33 FEET TO THE POINT
OF BEGINNING, (EXCEPTING THEREFORE THAT PART THEREOF DESCRIBED AS
FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST
QUARTER, AND RUNNING THENCE NORTH 12 CHAINS AND 9 LINKS, MORE OR LESS
TO A POINT 112 RODS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 28;
THENCE EAST 10 CHAINS AND 89 LINKS, MORE OR LESS, TO THE CENTER OF THE
PUBLIC HIGHWAY; THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING), ALL IN
MCHENRY COUNTY, ILLINOIS,
to permit the construction of a three hundred and fifty (350) feet high, self-
supporting steel tower together with a 200 sq. ft. shelter to house electronic
equipment for a two-way mobile radio communications facility. Atop the tower
will be mounted three (3) whip antennas (15 ft. tall each) which will eventually be
replaced with nine (9) panel type antennas (4'Xl' each), on the subject premises;
and That, even with this conditional use permit, the subject property owner(s) will
still be required to comply with all requirements as to new construction.
This ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry, Illinois.
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 thisl9th day of January 1994.
AYES: Bolger, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT: Locke
NOTVOTING: None
This ordinance approved this 19th day of January , 19
-d'z
MAYOR