HomeMy WebLinkAboutOrdinances - O-96-742 - 01/17/1996 - GRANT RECLASS BYKOWSKI RIVERSIDE CHOCOLATE FACTORYMCHENRY STATE BANK TRUST 1105 )
RON BYKOWSKI, AND THE CITY OF ) ORDINANCE NO o-96-742
MCHENRY FOR THE VACANT ) ZONING FILE NO Z-399(16)
PROPERTY ON RTE 120 WEST OF THE )
RIVERSIDE CHOCOLATE FACTORY )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION THEREON.
Whereas, a written Petition signed by Ronald M. Bykowski and the City of McHenry 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 C5 Highway
Commercial Zoning District;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
located on West Route 120, immediately west of the Riverside Chocolate Factory which is sited at the
NW corner of the intersection of Chapel Hill Road and State Route 120, and legally described on
Exhibit A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on October
23, 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 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 were 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 located on West Route 120, immediately west of the Riverside Chocolate
Factory which is sited at the NW corner of the intersection of Chapel Hill Road and State Route 120,
and legally described in Exhibit A :
A. reclassification from E Estate Zoning District to C5 Highway
Commercial Zoning District;
Section 2: That the City Council finds that in granting this reclassification, the: following
findings have been proved before this body:
A. The proposed use(s) or the uses permitted under the proposed zoning
classification 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.
399(16)
Page 2
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.
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 : 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 _ an ar _, 1996.
AYES: Bolger, Locke. Bates, Lawson, Baird
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
Approved this _17th_ day of _Janu _, 1996.
- MAYOR
ATTEST:
CITY CLERK
LEGAL DESCRIPTION (LU: vat►) :
That part of the Southeast Quarter of Section 25 and the Northeast Quarter of
Section 36, all in Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Beginning at the Southeast corner of said
Section 25; thence South 0 degrees 51 minutes 51 seconds West along the East
line of the Northeast Quarter of said Section 36, 278.26 feet; thence South 66
degrees 57 minutes 43 seconds West, 274.37 feet to the center line of State
Route 120; thence Northwesterly along a curve having a radius of 28,650 feet
as said curve is convexed to the Northeast an arc distance of 298.81 feet to a
point of compound curvature on said center line; thence Northwesterly along a
zurve having a radius of 1146 feet as said curve is convexed to the Northeast
in arc distance of 403.03 feet to a point of tangency on said center line;
Thence North 90 degrees 00 minutes 00 seconjls West, tangent to the last
described curve 27.55 feet; thence North 0 'tAgrees 00 minutes 00 seconds West
along a line parallel to and 1158.0 feet East of the East right-of-way of
Hillside Lane (as measured at right angles to said East right-of-way) 297.00
,eet; thence North 90 degrees 00 minutes 09 seconds West, 258.00 feet; thence
North 0 degrees 00 minutes 00 seconds West, 53.00 feet to the South line of
3astwood Manor Unit No. 2 (as shown in Book 12 of Plats, page 82); thence
North 90 degrees 00 minutes 00 seconds East, 258.00 feet along said South line
3f Eastwood Manor Unit No. 2, to the Southwest corner of Lot 'A' in Eastwood
4anor Unit No. 1 (as shown in Book 12 of Plats, page 45); thence North 0
legrees 04 minutes 46 seconds West, 167.80 feet along the West line of said Lot
'A" to the Northwest corner of said Lot "A"; thence Northeasterly along a curve
laving a radius of 719.219 feet as said curve is convexed to the Southeast an
irc distance of 16.64 feet to the point of reverse curvature; thence Easterly
►long a curve having a radius of 247.27 feet as said curve is convexed to the
forth an arc distance of 81.05 feet; thence South 0 degrees 04 minutes 46
;econds East along the West line of the East 45 feet of the West 140 feet of
;aid Lot "A", 189.85 feet to the South line of said Lot 'A"; thence Easterly
along a curve having a radius of 1496 feet as said curve is convexed to the
Borth an arc distance of 45.09 feet; thence North 0 degrees 04 minutes 46
;econds West along the East line of the West 140 feet of said Lot "A", 189.48
.eet to the North line of said "Lot A"; thence Easterly along a curve having a
feet as said curve is convexed to the North, an arc distance
radius of 247.27
radius
46.55 feet to the point of tangency; thence South 70 degrees 00 minutes 53
of A", 75.02 feet to the most
seconds East along the North line of said "Lot 08
Northeasterly corner of said "Lot A"; thence South 6 degrees 28 minutes seconds West, 163.55 feet to the Southeasterly corner of said "Lot A"; thence
having a radius of 1496 feet as said curve is
Southeasterly along a Curvet Ofconvexed to the Northeast
arc
distance
of 316.20 feet
to adius of129,000cfeeouan
curvature; thence southeasterly along
arc distance of 39.90 feet; thence South 89 degrees 09 minutes 56 seconds East
along the South line of said Eastwood Manor Unit No. 1, 379.31 feet; thence
South 0 degrees 45 minutes 55 seconds..West along the East line of said
Southeast Quarter of Section 25, 27.7.0 feet to the point of beginning, in
McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-36-200-013
STREET ADDRESS: Route 120 McHenry, IL 60050