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HomeMy WebLinkAboutOrdinances - O-94-651 - 03/03/1994 - GRANT CUP O'NEIL 4705 W ELM ST0-94-651 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS WHEREAS, a Petition was filed with the City Clerk of McHenry, Illinois by TERRANCE P. O'NEIL and BARBARA A. O'NEIL and MIRBAT KHAN requesting a Conditional Use under the provisions of the City of McHenry Zoning Ordinance as amended for the following described property, to -wit: Lot 2 (except the Westerly 30 feet thereof) and all of Lot 3 in Block 3 in Lakeland Shores, Unit No. 3, being a subdivision of part of the North Half of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, lying south of the center line of State Route 120, according to the Plat thereof recorded April 25, 1958 as Document No. 337444, in Book 43 of Plats, page 55 and as amended by Instrument recorded May 9, 1958 as Document No. 338057 in McHenry County, Illinois. Permanent Property Index # 09-27-331-002 Commonly known as 4705 W. Elm St., McHenry, Illinois WHEREAS, TERRANCE P. O'NEIL and BARBARA A. O'NEIL are the owners of said property and MIRBAT KHAN is the contract purchaser of the property. WHEREAS, the property is presently classified "C-5 Highway Commercial District" and whereas the Petitioners have requested a Conditional Use Permit to allow use of the property as a muffler shop under Zoning Ordinance table Seven, Group 0, # 8. WHEREAS, a hearing was held on said Petition before the City of McHenry Zoning Board of Appeals on the 15th day of February, 1994, and; WHEREAS, the Zoning Board of Appeals did find that the approval criteria for a Conditional Use Permit, as set forth in Table 31, pages 357-358, of the Zoning Ordinance have been met, and; WHEREAS, the Zoning Board of Appeals did recommend that the Conditional Use Permit requested be granted subject to various conditions. WHEREAS, as a result of said hearing the Zoning Board of Appeals did make its report and recommendation to the City Council; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois that a Conditional Use Permit under Table Seven, Group O, # 8 of the City Zoning Ordinance is hereby granted for the within described property for use of said property as a muffler shop subject to and upon the following conditions; 1. The owners or operators of the property shall not permit any vehicles under their custody or control to be stored on the property outside of the building for more than three consecutive days. 2. Concrete curbing shall be used on the perimeter of the property on the West and East property lines and on the South side of the proposed landscaped area (at the North property line). 3. The owners shall manage the property's potential drainage problems, as a result of the proposed facility, as directed by the City. BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect from and after its passage and approval as provided by Law. VOTING AYE: Baird Lawson Bates Locke Bolger VOTING NAY: None f None PASSED: March 3, 1994 APPROVED: March 3, 1994 PUBLISHED: March 4, 1994 THE CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of State of Illinoi y M A Y O R ATTEST: City Clerk APPROVED AS TO FORM: City Attorney