HomeMy WebLinkAboutOrdinances - O-96-779 - 02/07/1996 - GRANT RECLASS AND CUP MCH JEEP EAGLE 3011-3017 W RMCHENRY JEEP EAGLE )
RICHARD & RITA ADAMS ) ORDINANCE NO 0-96-779
AND THE CITY OF MCHENRY )
REGARDING )
3011-3017 WEST ROUTE 120 ) ZONING FILE NO Z-399(12)
MCHENRY IL 60050 )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION AND CONDITIONAL USE 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 from E Estate Zoning District to C5 Highway Commercial District;
2. conditional use permit to allow the following uses on the subject premises: open sales lot
and an 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 3011-3017 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 September
B, 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 granting the requested zoning reclassification and conditional use permit as
requested; and,
Whereas, after review of the Zoning Board of Appeals report of the proceedings, the City
Council finds 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 3011-3017 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: open sales lot
and an automobile service and repair facility.
-399(l2)
Page 2
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.
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 in granting said conditional use permit the following restrictions shall be placed
upon the subject property:
A. The Petitioners shall not be permitted to add an access drive from River Road to the
building, as long as the property adjacent to the subject property along River Road
remains residential in use; and
B. Further, that the Petitioners shall be restricted from erecting any additional fencing on
this site, as long as the property adjacent to the subject property along River Road
remains residential in use.
399(12)
Page 3
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.
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
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
day of February , 1996.
Approved this 7 t-h day of F hD iAn, , 1996.
i
MAYOR
ATTEST:
CITY CLERK ,
rev: January 10, 1996
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LEGAL DESCRIPTION (LD: c570):
Lots 2, 3, 4 and 5 in Chicago Road Subdivision, being a Subdivision of the
Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded October 27, 1924 as
Document No. 65665, in Book 4 of Plats, page 115, Excepting and Reserving
therefrom that part as condemned by the State of Illinois in Circuit Court Case
No. 92-ED-3 and as described in a Lis Pendens Notice recorded as Document No.
92R 004643, in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-25-355-018, as to Lots 2, 3 and 4; and
09-25-355-005, as to Lot 5
STREET ADDRESS: Route 120 McHenry, IL 60050
a -z
ALL THAT PART OF LOTS 40. 41 AND 42 IN SUNNYSIDE SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S OFFICE
OF MCHENRY COUNTY. ILLINOIS AS DOCUMENT NO. 13860, AND THAT
PART OF BLOCK 1 IN EDGEWATER SUBDIVISION. ACCORDING TO THE PLAT
THEREOF RECORDED IN SAID RECORDER'S OFFICE AS DOCUMENT NO. 48334,
DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF
LOT 1 IN BLOCK 1 OF SAID EDGEWATER SVBDIVISION AND RUNNING THENCE
NORTHEASTERLY ON THE SOUTHEASTERLY LINE THEREOF FOR A DISTANCE
OF 105 FEET TO A POINT ON A LINE DRAWN 20 FEET SOUTHWESTERLY OF
AND PARALLEL. TO THE NORTHEASTERLY LINES OF LOTS 1 AND 2 OF BLOCK
1 OF SAID EDGEWATER SUBDIVISIONS THENCE NORTHWESTERLY ON THE LAST
DESCRIBED PARALLEL LINE FOR A DISTANCE OF 72.63 FEET TO A POINT;
THENCE NORTHEASTERLY ON A LINE FORMING AN ANGLE OF 90 DEGREES
44 MINUTES AND 20 SECONDS TO THE RIGHT WITH A PROLONGATION OF
THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A
DISTANCE OF 50 FEET TO A POINT; THENCE NORTHWESTERI-Y PARALLEL
TO THE NORTHEASTERLY LINES OF LOTS 1 AND 2 OF BLOCK 1 OF SAID
EDGEWATER SUBDIVISION FOR A DISTANCE OF 10 FEET TO A POINT;
THENCE NORTHEASTERLY FOR A DISTANCE OF 151.40 FEET TO A POINT
ON THE SOUTH LINE OF THE NORTH 100 FEET OF LOT 42 OF SAID
SUNNYSIDE SUBDIVISION, SAID POINT BEING 175.62 FEET OF, AS
MEASURED ON THE LAST DESCRIBED LINE. THE EAST LINE OF SAID LOT 42
THENCE EAST ON THE SOUTH LINE OF THE NORTH 100 FEET OF SAID LOT
42 FOR A DISTANCE OF 65.62 FEET TO A POINT ON THE WEST LINE OF
THE EAST 110 FEET OF SAID LOT 42; THENCE NORTH ON THE LAST
DESCRIBED LINE FOR A DI TANCE OF 100 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT 4a; THENCE WEST ON THE NORTH LINE OF
SAID LOT 42 FOR A DIS ANCE OF 350 FEET TO A POINT, SAID POINT
BEING 51.5 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 42;
THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID LOT 42 FOR A
DISTANCE OF 152.85 FEET TO A POINT: THENCE WEST PARALLEL. TO
THE NORTH LINES OF LOTS 42, 41 AND 40 OF SAID SUNNYSIDE SUBDIVISION
FOR A DISTANCE OF 124.5 FEET TO THE NORTHEASTERLY LINE OF rOX
RIVER ROAD, BEING ALSO THE SOUTHWESTERLY LINE OF SAID LOT Opt
THENCE SOUTHEASTERLY FOR A DISTANCE OF 10.7 FEET ALONG THE
NORTHEASTERLY LINE OF SAID FOX RIVER ROAD TO AN ANGLE POINT
THEREIN; THENCE SOUTHEASTERLY ON THE SOUTHWESTERLY LINE OF SAID
LOT 41 AND ON THE SOUTHWESTERLY LINE OF BLOCK 1 OF SAID EDGEWATER
SUBDIVISION, BEING ALSO ON THE NORTHEASTERLY LINE OF SAID FOX
RIVER ROAD, FOR A DISTANCE OF 344.80 FEET, MORE OR LESS, TO THE
PLACE OF BEGINNING, ALL SITUATED IN PART OF THE NORTHEAST QUARTER
OF SECTION 35 AND PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL
QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART THEREOF FALLING IN
LOTS 1 AND 2 IN SAID EDGEWATER SUBDIVISION), IN MCHENRY COUNTY,
ILLINOIS.
ALSO EXCEPTING THEREFROM
THE SOUTH 15 FEET OF THE NORTH 100 FEET OF THE WEST 65.62 FEET OF
THE EAST 175.62 FEET OF LOT 42 IN SUNNYSIDE, A SUBDIVISION OF ALL
THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 35, AND THAT WEST HALF OF THE NORTHWEST QUARTER OF SECTION
36. LYING ON THE NORTHEASTERLY SIDE OF FOX RIVER, AND A PIECE IN
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36,
ALL IN TOWNSHIP 45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 17, 1909 A3
DOCUMENT NO. 13880, IN BOOK 3 OF PLATS, PAGE 34, IN MCHENRY COUNTY,
ILLINOIS.
A-3
ALSO EXCEPTING THEREFROM
THAT PART OF LOT 42 IN SUNNYSIDE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF RECORDED IN THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS,
AS DOCUMENT NO. 13980, AND THAT PART OF BLOCK 1, IN EDGEWATER
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN SAID
RECORDER'S OFFICE" AS DOCUMENT NO. 38334, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK i OF SAID
EDGEWATER SUBDIVISION AND RUNNING THENCE NORTHEASTERLY ON THE
SOUTHEASTERLY LINE THEREOF FOR A DISTANCE OF 105 FEET TO A POINT
ON A LINE DRAWN 20 FEET SOUTHWESTERLY OF AND PARALLEL TO THE
NORTHEASTERLY LINES OF LOTS 1 AND 2 OF SAID BLOCK 1; THENCE
NORTHWESTERLY ON THE LAST DESCRIBED PARALLEL LINE FOR A DISTANCE
OF 72.63 FEET TO A POINT; THENCE NORTHEASTERLY ON A LINE FORMING
AN ANGLE OF 90 DEGREES 44 MINUTES AND 20 SECONDS TO THE RIGHT
WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST
DESCRIBED POINT FOR A DISTANCE FOF 50.00 FEET; THENCE NORTHWESTERLY
PARALLEL TO THE NORTHEASTERLY LINE OF LOTS 1 AND 2 IN BLOCK 1 OF
SAID EDGEWATER SUBDIVISION FOR A DISTANCE OF 10 FEET TO A POINT;
THENCE NORTHEASTERLY, A DISTANCE OF 9.89 FEET: THENCE NORTHWESTERLY
PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF
102.84 FEET: THENCE SOUTHWESTERLY, A DISTANCE OF 16e.94 FEET
TO A POINT ON THE SOUTH LINE OF SAID BLOCK 1, AT A POINT 183.83
FEET NORTHWESTERLY, AS MEASURED ALONG SAID SOUTH LINE OF SAID BLOCK
1, FROM THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID
SOUTH LINE OF SAID BLOCK I A DISTANCE or 1e3.63 FEET TO THE POINT
OF BEGINNNING, (EXCEPTING THEREFROM THAT PART THEREOF FALLING IN
LOTS 1 AND 2 IN SAID EDGEWATER SUBDIVISION), IN MCHENRY COUNTY,
ILLINOIS.
PERMANENT INDEX NUMBER: 09-36-101-028
09-36-101-026