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HomeMy WebLinkAboutOrdinances - O-96-739 - 01/17/1996 - GRANT RECLASS KOHLERT AND ZEH 1113 N RIVER RDARTHUR KOHLERT AND ) RANDOLPH C ZEH ) ORDINANCE NO 0-96-739 REGARDING ) It 13 N RIVER ROAD ) ZONING FILE NO Z--399(13) MCHENRY IL 60050 ) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A RECLASSIFICATION THEREON_ Whereas, a written Petition signed by Arthur E Kohlert and Randolph C Zeh has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from E Estate Zoning district to C3 Community Commercial District; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as: 1113 North River Road, McHenry Illinois 60050, and legally described on Exhibit A attached hereto; and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on August 21, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat 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 zoning reclassification as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if said reclassification was granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 1113 North River Road and legally described in Exhibit A: A. reclassification from E Estate Zoning district to C3 Community Commercial District. Section 2: That the City Council finds in granting the reclassification, the following findings have been proved before this body: A. The proposed uses are compatible with existing uses or existing zoning of property in the environs. B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. 399(13) Page 2 D. The proposed use or zoning classification promotes the public interest and not solely the: interest of the applicant. Section 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. Section 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Section 5: 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 _ 17th_day of _January_, 1996. AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: ABSTAINED: ABSENT: NOT VOTING: Approved this _17th_ day of _ anu _, 1996. MAYOR ATTEST: CITY CLERK 1<0 p c.E2r / ZeH e xwa t-r A THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: LOTS 3 AND 4 IN BLOCK 9 IN THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY, ON THE EAST SIDE OF FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 6, 1840 AND RECORDED IN BOOK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS. PERMANENT INDEX NUMBER: 09-26-479-002