HomeMy WebLinkAboutOrdinances - O-96-767 - 02/07/1996 - GRANT RECLASS AND CUP ADAMS RADIATOR 3004-3008 W RRICHARD & RITA ADAMS )
ADAMS RADIATOR )
AND THE CITY OF MCHENRY )
3004-3008 W RTE 120 )
ORDINANCE NO 0-96--767
ZONING FILE NO Z-399(11)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION WITH A CONDITIONAL USE PERMIT THEREON.
Whereas, a written Petition signed by Richard and Rita Adams 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 to from E Estate Zoning District to CS Highway
Commercial Zoning District;
2. Conditional Use Permit to allow the following uses on the subject
premises:
a. radiator repair facility;
b. automobile service and repair facility;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 3004-3008 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 October
2, 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 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 3004-3008 West Route 120 McHenry Illinois 60050, and
legally described in Exhibit A:
A. reclassification to from E Estate Zoning District to C5 Highway
Commercial Zoning District;
B. Conditional Use Permit to allow the following uses on the subject
premises:
1. radiator repair facility;
2. automobile service and repair facility.
Section 2: That the City Council finds in granting the reclassification, the following findings
have been proved before this body:
399(11)
Page 2
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.
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
findings 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 : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
'3�9(11)
page 3
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 7th day of Fehniary , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: hone
ABSENT: None
NOT VOTING:
Approved this 7th day of Fehziagr 1996.
MAYOR
ATTEST:
CITY CLERK
rev: January 10, 1996
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LEGAL DESCRIPTION (LD: c632):
The Easterly 50 feet of Lot 11, all of Lots 12 and 13, and the Northwesterly
20 feet of Lot 14 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 as condemned by the State of
Illinois in Circuit Court Case No. 92-ED-5 and as described in a Lis Pendens
Notice recorded as Document No. 92R 004644 in McHenry County, Illinois.
PERMANENT INDEX NO(S) .: 09-25-353-014, as to Ely 50' Lot 11;;�
09-25-353-010, as to Lot 12; and
09-25-353-011, as to -Lot 13 & Nally 20' Lot 14
STREET ADDRESS: 3004 W. Route 120 McHenry, IL 60050