HomeMy WebLinkAboutOrdinances - O-96-813 - 12/16/1996 - GRANT ZONING OLSEN 313 AND 317 N FRONT STORDINANCE NO. 0-96- si -I
AN ORDINANCE PROVIDING FOR A MAP AMENDMENT UNDER
THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, Petitioners, LeRoy E. Olsen, as Trustee under the provisions of the Leroy
E. Olsen Trust dated October 19, 1992 and Marion J. Olsen, as Trustee under the provisions of
the Marion J. Olsen Trust dated October 10, 1992, record title owners, and Suzanne IV[. Cannon
and Judith H. Mazrin, as Contract Purchasers, filed a petition with the Zoning Board of
Appeals of the City of McHenry, requesting a map amendment under the provisions of the
Zoning Ordinance of the City of McHenry in regard to the real property more fully described
in Exhibit "A", attached hereto and made a part hereof (said real property hereinafter referred
to as "Premises") for a map amendment of Premises from "RS-3" -Medium High -Density Single
Family Residential District to "C-5" - Highway Commercial District; and
WHEREAS, pursuant to notice, a public hearing was held before the Zoning Board of
Appeals of the City of McHenry in regard to the contents of the Petition, and evidence was
introduced by the Petitioners at such hearing in support of their Petition; and
WHEREAS, the Zoning Board of Appeals of the City of McHenry, did unanimously
recommend approval of the requested map amendment under the provisions of Table 33 of the
Zoning Ordinance of the City of McHenry; and
WHEREAS, the City Council of the City of McHenry has fully considered the merits of
the Petition and the evidence presented to the Zoning Board of Appeals of the City of
McHenry, including all exhibits for the proposed map amendment; and
WHEREAS, the City Council of the City of McHenry makes the following findings of
fact relative to the Petitioners' request for a map amendment for the Premises located at 313
N. Front Street and 317 N. Front Street, McHenry, Illinois:
1. 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.
2. 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.
3. 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.
4. The proposed use or zoning classification promotes the public interest and not
solely the interest of the applicant.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That a map amendment under the provisions of the Zoning Ordinance of
the City of McHenry and meeting the Approval Criteria of Table 33 is hereby granted to allow
the reclassification of the Premises from "RS-3 - Medium High -Density Single Family
Residential District to "C-5" -Highway Commercial District.
Section 2: All ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
Section 3: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
Section 4: This Ordinance shall be in full force and effect from and after its passage
as provided by law.
PASSES THIS 16TH DAY OF DECEMBER, 1996.
Number voting Aye: fie, Locke, Bates, Lawson, Baird.
Number voting Nay: Nona
Number abstaining: None.
Number absent: Nnna
APPROVED THIS 1 FthDAY OF Tyr-cxnhPr , 1996.
, CITY OF McHENRY, Illinois
--A-T_TEST:
City Clerk, CITY OF McHE Illinois
EXHIBIT "A"
PARCEL 1: The South half of the following described property, being part of the Northwest
Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third
Principal Meridian, lying on the Westerly side of the State Highway, described as follows:
Commencing at the West Quarter corner of Section 35; thence Southerly on the West line of said
Section 35, 1010.24 feet for a place of beginning; thence Easterly on a line parallel with the
East and West Quarter Section line, 658.69 feet to an intersection with the West line of the State
Highway (now known as Route No. 31); thence Southerly on the West line of sand State
Highway 310.42 feet more or less, to an intersection with the South line of the Northwest
Quarter of the Southwest Quarter of said Section 35; thence Westerly on said South line thereof,
666.18 feet to the West line of said Section; thence Northerly on said Section Line, 311.46 feet
to the place of beginning, in McHenry County, Illinois.
PARCEL 2: The Northerly 60 feet of a parcel of land in the Northwest Quarter of the
Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third ]Principal
Meridian, described as follows: Commencing at the West Quarter corner of Section 35; thence
southerly on the West line of said Section 35, 1010.24 feet for a place of beginning; thence
Easterly on a line parallel with the East and West Quarter Section Line 658.69 feet to an
intersection with the West line of the State Highway, (now known as Route 31); thence
Southerly on the West line of said State Highway, 310.42 feet; more or less, to an intersection
with the South line of the Northwest Quarter of the Southwest Quarter of said Section 35;
thence Westerly on said South line thereof, 666.18 feet to the West line of said Section; thence
Northerly on said Section line, 311.46 feet to the place of beginning, in McHenry County,
Illinois.
PARCEL 3: The West 420.00 feet of the North half of the following described real estate,
described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section
35, Township 45 North, Range 8 East of the Third Principal Meridian, lying on the Westerly
side of State Highway, described as follows: Commencing at the West Quarter corner of Section
35; thence Southerly on the West line of said Section 35, 1010.24 feet for a place of beginning;
thence Easterly on a line parallel with the East and West Quarter Section Line, 658.169 feet to
an intersection with the West line of the State Highway (now known as Route No. 31); Thence
Southerly on the West line of said State Highway, 310.42 feet, more or less, to an intersection
with the South line of the Northwest Quarter of the Southwest Quarter of said Section 35;
thence Westerly on said South line thereof, 666.18 feet to the West line of said Section; thence
Northerly on said Section line, 311.46 feet to the place of beginning, (excepting and reserving
therefrom the North 60 feet thereof), in McHenry County, Illinois.
PARCEL 4: The North half of the following described premises: That part of the Northwest
Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third
Principal Meridian lying on the Westerly side of the State Highway, described as follows:
Commencing at the West Quarter corner of Section 35; thence Southerly on the West line of said
Section 35, 1010.24 feet for a place of beginning; thence Easterly on a line parallel with the
East and West Quarter Section Line, 658.69 feet to an intersection with the West line of the
State Highway (now known as Route Number 31); thence Southerly on the West line of said
State Highway, 310.42 feet more or less to an intersection with the South line of the Northwest
Quarter of the Southwest Quarter of said Section 35; thence Westerly on said South line thereof,
666.18 feet to the West line of said Section; thence Northerly on said Section line, 311.46 feet
to the place of beginning, (excepting and reserving therefrom the North 60 feet thereof and
also excepting and reserving therefrom the West 420.00 feet, except the North 60 feet thereof),
in McHenry County, Illinois.