HomeMy WebLinkAboutOrdinances - O-96-760 - 01/31/1996 - GRANT RECLASS AND CUP SMAK 2902 W RTE 120THEODORE AND GINA SMAK )
AND THE CITY OF MCHENRY )
REGARDING: 2902 W ROUTE 120 )
MCHENRY IL 60050 )
ORDINANCE NO 0-96-760
ZONING FILE NO Z--399(27)
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 Theodore and Gina Smak, 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: Motor vehicle
service and repair; Outside storage of vehicles and vehicle parts.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2902 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 November
20, 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 2902 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: Motor vehicle
service and repair; Outside storage of vehicles and vehicle parts.
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(27)
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 he 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: That in granting the conditional use the following restrictions shall be placed upon
the subject property:
A. Any vehicles being stored on the south side of the building shall have current license plates;
B. All other outside storage on the site shall be confined to the fenced -in area north of the
building.
Section 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 6: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
399(27)
Page 3
Section 7: 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 31st day of January , 1996.
AYES: Bolger Locke Bates Lawson. Baird
NAYS:
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Approved this 31 s t day of January , 1996.
MAYOR
ATTEST:
CITY CLERK
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LEGAL DESCRIPTION (LD: c632):
The West 60 feet in width of Lot 22 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 Bcok 4 of Plats, page 99, excepting and reser;ring therefrom that part
described as follows: Beginning at the Southwest corner of Lot 22, thence on an
assumed bearing of North 14 degrees 09 minutes 07 seconds East along the :Cest
line thereof 7.71 feet; thence South 75 degrees 11 minutes 55 seconds East
along a line parallel with the centerline of Illinois Route 120 a distance of
60.00 feet to a point on the East line of the hest 60.00 feet of Lot 22, thence
South 14 degrees 09 minutes 07 seconds West along said East line 7.02 feet to a
point on the South line of Lot 22; thence North 75 degrees 50 minutes 53
seconds West along said South line 60.00 feet to the point of beginning, in
McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-25-354-016
STREET ADDRESS: 2902 W. Route 120 McHenry, IL 60050