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HomeMy WebLinkAboutOrdinances - O-96-750 - 01/17/1996 - GRANT RECLASS SPENGEL 2808 RTE 120SCOTT AND DIANA SPENGEL REGARDING ) ORDINANCE NO 0-96-750 2808 W ROUTE 120 ) ZONING FILE NO Z-399(47) 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 Scott and Diana Spengel has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: reclassification from E Estate Zoning district to C5 Highway Commercial District; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as: 2808 West Route 120, 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 November 6, 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 2808 West Route 120 and legally described in Exhibit A: A. reclassification from E Estate Zoning district to C5 Highway 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. D. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. 399(47) page 2 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 __, 1996. AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None Approved this 17thh_ day of _ anu _, 1996. MAYOR ATTEST: CITY CLERK EXHIBIT "A" LEGAL DESCRIPTION OF THE SUBJECT PROPERTY THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25, AND OF THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36 WTTH THE CENTER LINE OF ILLINIOS ROUTE 120; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 102.75 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 220.0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 160.52 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE SOUTH ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 25 AND THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. WITH THE EXCEPTION OF THE FOLLOWING: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25 AND PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 3 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINIOS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, THENCE ON AN ASSUMED BEARING OF SOUTH 0 DEGREES 20 MINUTES 44 SECONDS WEST ALONG THE WEST LINE THEREOF 37.8 FEET TO A POINT ON THE CENTER LINE OF THE ILLINOIS ROUTE 120; THENCE SOUTH 75 DEGREES I 1 MINUTES 55 SECONDS EAST ALONG SAID CENTER LINE 102.94 (102.75 FEET RECORDED) TO THE SOUTHEAST CORNER OF THE LANDS OF THE GRANTOR; THENCE NORTH 14 DEGREES 48 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF THE LANDS OF THE GRANTOR 50.00 FEET; THENCE NORTH 75 DEGREES I I MINUTE 55 SECONDS WEST ALONG A LINE PARALLEL WITH THE CENTER LINE OF ILLINIOS ROUTE 120 A DISTANCE OF 115.92 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 25; THENCE SOUTH 0 DEGREES 00 MINUTES 45 SECONDS WEST ALONG THE WEST LINE: THEREOF 14.57 FEET TO THE POINT OF BEGINNING.