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HomeMy WebLinkAboutOrdinances - O-96-768 - 02/07/1996 - GRANT RECLASS AND CUP NW ELEC 2414 W RTE 120N RTHW�ST ELE&RICAL SUPPLY S.Blake) AND THOMAS REINDL ) ORDINANCE NO 0-96-768 REGARDING: 2414 W ROUTE 120 ) ZONING FILE NO Z--399(17) MCHENRY IL 60050 ) 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 Thomas Reindl and Albert Blake 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; conditional use permit to allow the following uses on the subject premises: Outside storage of pallets used for delivery of supplies; Outside storage of 10 foot lengths of conduit stored on racks on the west side of the accessory building. under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 2414 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 2414 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: Outside storage of pallets used for delivery of supplies; Outside storage of 10 foot lengths of conduit stored on racks on the west side of the accessory building. 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(17) 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: That the conditional use be granted subject to the following conditions: A. The conduit shall be stored on racks which shall be located on the west side of the accessory building; B. The Petitioners shall be required to comply with all requirements of the zoning ordinance as to screening and landscaping with regard to the area of outside storage. Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. 399(17) page 3 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. 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 7 th day of �h-n i ar , 1996. AYES: Bolger Locke, Bates, Lawson, Baird NAYS: None ABSTAINED: ABSENT: NOT VOTING None Approved this 7th day of 1996. PP Y Fr�hniarT MAYOR ATTEST: CITY CLERK rev: January 10, 1996 Al Vl/ 6CeCRLIC exNi6 IT- A-i LEGAL DESCRIPTION (LD: N/A): The East 150 feet of the West 300 feet of the following described tract of land located in the Southeast Quarter of Section 25, and the Northeast Quarter of Section 36, all in Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of Lot 44 in Block 7 in Eastwood Manor Unit 2; thence South along the East line of Hillside Lane, 350 feet to the center line of*State Route 120; thence East along the center of said highway, 900 feet; thence North, parallel with the East line of Hillside Lane, 350 feet to the South line of Block 7; thence west along the South line of said Block 7, 900 feet to the place of beginning, (excepting that part thereof taken for highway), also excepting and reserving therefrom that part described as follows: Commencing at the Southwest corner of said Lot 44 in Block 7 in Eastwood Manor Unit No. 2, thence on an assumed bearing of South 0 degrees 31 minutes 20 seconds East along the East line of Hillside Lane 349.90 feet (350.0 feet recorded) to a point on the, center line of Illinois Route 120; thence North 89 degrees 28 minutes 40 second9 East along said centerline 150.00 feet to the Southwest corner of the lands of the grantor for a point of beginning; thence continuing along the last described course 150.00 feet to the Southeast corner of the lands of the grantor; thence North 0 degrees 31 minutes 20 seconds west along the East line thereof 50.0 feet; thence South 89 degrees 28 minutes 40 seconds West parallel with the centerline of Illinois Route 120 a distance of 150.00 feet to a point on the West line of the lands of the grantor; thence South 0 degrees 31 minutes 20 seconds East along said West line 50.00 feet to the point of beginning, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-36-200-016 STREET ADDRESS: Route 120 McHenry, IL 60050 ;2l , N W Ec,Ecn2ic- -XPIi8ir A - PARCEL 1: THE NORTH 100 FEET OF THE WEST 150 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RA14GE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 44 IN BLOCK 7 IN EASTWOOD MANOR UNIT 2, BEING A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE NORTHEASI QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 17, 1956 AS DOCUMENT NO. 311472, IN BOOK 12 OF PLATS, PAGE 82; THENCE SOUTH ALONG THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE CENTER LINE OF STATE ROUTE 120; THENCE EAST ALONG THE CENTER OF SAID HIGHWAY, 900 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE SOUTH LINE OF BLOCK 7; THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK 7, 900 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: THE EAST 150 FEET OF THE WEST 300 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL_ MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 44 IN BLOCK 7 It'd EASTWOOD MANOR UNIT 2; THENCE SOUTH At_ONG THE: EAST LINE OF HILLSIDE LANE, 350 FEET TO THE CENTER LINE OF STATE ROUTE 120; THENCE EAST ALONG THE CENTER OF SAID HIGHWAY, 900 FEET; THENCE NORTH, PARALLEL WITH THE EAST LINE OF HILLSIDE LANE, 350 FEET TO THE SOUTH LI14E OF BLOCK 7; THENCE WEST ALONG THE SOUTH LINE OF SAID BLOCK 7, 900 FEET TO THE PLACE OF BEGINNING (EXCEPT THAT PART THEREOF' JAKEN FOR HIGHWAY), IN MCHENRY COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THAT PART L`r'ING WITHIN SECTION 36, TOWNSHIP 45 NORTH, RANIGE 8 E-AST OF THE THIRD PRINCIPAL MERIDIAI\l, IN MCHENRY COUNTY, ILLINOIS. PERMANENT INDEX NUMBERS: 09-25-47V--040 : 09-25-479-032