HomeMy WebLinkAboutOrdinances - O-96-751 - 01/31/1996 - GRANT RECLASS AND CUP VFW VETS CLUB 3002 RTE 120VFW VETERAN'S CLUB INC )
AND THE CITY OF MCHENRY )
REGARDING: 3002 W ROUTE 120 )
MCHENRY IL 60050 )
ORDINANCE NO 0--96-751
ZONING FILE NO Z.-399(1)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
RECLASSIFICATION AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed by the VFW Veteran's Club President of the Board of
Directors, Thomas Lawson, 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 District;
2. conditional use permit to allow the following uses on the subject premises: Recreational
Institution; outdoor amusement establishment; restaurant serving alcoholic beverages with
live entertainment and dancing.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 3002 West Route 120, McHenry Illinois, 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 zoning reclassification and conditional use permit 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 and conditional use permit 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 commonly known as 3002 West Route 120, McHenry Illinois 60050, and legally
described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial District;
B. conditional use permit to allow the following uses on the subject premises: recreational
Institution; outdoor amusement establishment; restaurant serving alcoholic beverages with
live entertainment and dancing..
Section 2: That the City Council finds that in granting the reclassification, the following criteria
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
399(1)
page 2
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.
Section 3: That the City Council finds in granting the conditional use permit, the following
criteria have been proved before this body:
A. Any adverse impact of types of 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,
or 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.
Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 5: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 6: This ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form, as provided by law.
399(1)
page 3
Passed this 31st day of January , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED: None
ABSENT:
NOT VOTING:
Approved this 3 i G t day of 1996.
pp _ y January �
MAYOR
ATTEST:
CITY CLERK
VPW
T�i 1Tto&)e-2's
EX h (' b i fi
*NAME(S) SEARCHED: V.F.W. Veterans Club, Inc., an Illinois Corporation.
LEGAL DESCRIPTION (LD: c632): i
Lot 14 (except the Westerly 20 feet thereof) and all of Lots 15 and 16 in
Conway's Subdivision, being a Subdivision of part of the Southwest Quarter of
the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof recorded August 16,
1923 as Document No. 60164, in Book 4 of Plats, page 99; Excepting and
Reserving from said Lot 14 that part described as follows: Beginning at the
Southeast corner of Lot 14, thence on an assumed bearing of North 14 degrees 09
minutes 07 seconds East along the East line thereof 26.40 feet; thence South 59
degrees 28 minutes 36 seconds West 21.09 feet; thence North 75 degrees 11 I
minutes 55 seconds West along a line parallel with the centerline of Illinois
Route 120 a distance of 31.00 feet to a point on the East line of the Westerly
20.00 feet of Lot 14; thence South 14 degrees 09 minutes 07 seconds West along
said East line of the Westerly 20.00 feet oflot 14 a distance of 11.92 feet to
a a point on the South line of Lot 14; thence South 75 degrees 50 minutes 53.
seconds East along said South line 46.00 feet to the point of beginning; ALSO
Excepting and Reserving from said Lots 15 and 16 that part described as
follows: Beginning at the Southeast corner of Lot 16, thence on an assumed
bearing of North 14 degrees 09 minutes 07 seconds East along the East line
thereof 11.45 feet; thence North 75 degrees 11 minutes 55 seconds West along a
line parallel with the centerline of Illinois Route 120 a distance of 117.01
feet; thence North 30 degrees 31 minutes 24 seconds West 21.33 feet to a point
on the West line of Lot 15; thence South 14 degrees 09 minutes 07 seconds West
along said West line 27.94 feet to the Southwest corner of Lot 15; thence South
75 degrees 50 minutes 53 seconds East along the South line of Lots 15 and 16 a
distance of 132.00 feet to the point of beginning, in McHenry County, Illinois.
-AND A,
1. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF CONWAY'S SUBDIVISION1
THENCE SMITH 68 DECREES 53 MINUTES LAST. 1139.8 FEET) THENCE SOUTH
00 DECREES 16 MINUTES WEST. 660.0 FEET TO THE NORTHEAST CORNER OF
LOT 22, OF CONWAY'S SUBDIVISION) THENCE NORTH 73 DECREES 33 MINUTES
WEST AL.OM THE- NORTHEASTERLY LINE OF CONWAY'S SUBDIVISION. 1174.0
FEET TO THE EASTERLY LINE OF CONWAY'S SUBDIVISION) THENCE NORTH
O DEGREE 07 MINUTES WEST, 389.1 FEET TO THE PLACE OF BEAINKIN6 .
IN MCHENRY COUNTY, ILLINOIS-
PERMANENT INDEX NUMBER: 09-25--352-020