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HomeMy WebLinkAboutOrdinances - O-96-752 - 01/31/1996 - GRANT RECLASS AND CUP JURCZYK 2906 W RTE 120STANLEY AND MARY JURCZYK ) MULTI -TENANT BUILDING ) AND THE CITY OF MCHENRY ) 2906 WEST ROUTE 120 ) MCHENRY ILLINOIS 60050 ) ORDINANCE NO R() 6 - 7-5-2 ZONING FILE NO Z-399(4) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A RECLASSIFICATION AND CONDITIONAL USE PERMIT THEREON. Whereas, a written Petition signed by Stanley and Mary Jurczyk 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: a. indoor amusement establishment (firearm shooting range) under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 2906 West Route 120, a multi -tenant building in the City of 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 January 8, 1996, 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 2906 West Route 120, a multi -tenant property in the City of 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: 1. indoor amusement establishment (firearm shooting range). 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(4) 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. 399(4) Page 3 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. Passed this 312 t day of January , 1996. AYES: Bolaer. Locke, Bates. Lawson. Ba NAYS: ABSTAINED: None ABSENT: None NOT VOTING: Approved this 31 s t day of January , 1996. MAYOR ATTEST: CITY CLERK TU 0 C, Z-viz ve, c ( -r J.W F CS S �y i4ibir A LEGAL DESCRIPTION (LD: c632): Lots 19 and 20 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 therefrom that part described as follows: Beginning at. the Southeast corner of Lot 20, thence on an assumed bearing of North 14 degrees 09 minutes 07 seconds East along the East line thereof 8.45 feet; thence North 75 degrees 11 minutes 55 seconds West along a line parallel with the centerline of Illinois Route 120 a distance of 132.-01 feet to a point on the West line of Lot 19; thence South 14 degrees 09 minutes 07 seconds Hest along said West line 9.95 feet to the Southwest corner of Lot 19; thence South 75 degrees 50 minutes 53 seconds East along the South line of Lots 19 and 20 a distance of 132.00 feet to the point of beginning,in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-354-013, as to Lot 19; and 09-25-354-014, as to Lot 20 i STREET ADDRESS: 2906 W. Elm Street McHenry, IL 60050