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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.