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HomeMy WebLinkAboutOrdinances - O-96-772 - 02/07/1996 - GRANT RECLASS AND CUP RETEK 2807 W RTE 120HENRY M RETEK ) AND THE CITY OF MCHENRY ) 2807 WEST ROUTE 120 ) ORDINANCE NO 0-96-772 MCHENRY ILLINOIS 60050 ) ZONING FILE NO Z--399(36) 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 Henry M Retek 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. outside storage of plumbing supplies and job trailer; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 2807 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 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 2807 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: 1. outside storage of plumbing supplies and job trailer. 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. .199(36) 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 City Council finds in granting said conditional use permit the following restrictions are hereby placed upon the subject property: A. Outside storage be permitted only south of the existing two car garage on the subject premises. Section : 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. 399(36) 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 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 7 th day of February , 1996. Bolqer, Locke, Bates, Lawson, Baird None None None None Approved this 7 th day of February 7 1996. MAYOR ATTEST: CITY CLERK rev: January 10, 1996 LEGAL DESCRIPTION (LD: N/A): Chat part of the Northeast Quarter of the Northwest Quarter of Section 36, Cownship 45 North, Range 8 East of the Third Principal Meridian, described as Eollows: Commencing at the intergection of the West line of said Quarter juarter Section with the centerline of Illinois Route 120; thence Southeasterly %long said centerline 104.1 feet to the point of beginning of this description; :hence continuing Southeasterly along said centerline 142.43 feet; thence Southerly at an angle of 82 degrees, 22 minutes to the right of the last iescribed line extended Southeasterly 242.70 feet; thence Westerly at right %ngles to the last described line 141.50 feet; thence North at right angles to :he last described line 261.65 feet to the point of beginning (excepting :herefrom a strip of land 50.45 feet in width along the Northeasterly side :hereof) in McHenry County, Illinois. ?ERMANENT INDEX NO(S).: 09-36-127-010 STREET ADDRESS: 2807 W. Route 120 McHenry, IL 60050