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HomeMy WebLinkAboutOrdinances - O-97-827 - 07/02/1997 - GRANT CUP 1767 N RICHMOND RD MCHENRY-ELLIOT LLCORDINANCE NO. 0-97-827 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A DRY CLEANING FACILITY WITH ON SITE PROCESSING AT 1767 NORTH RICHMOND ROAD, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. WHEREAS, a petition has been filed with the City Clerk by McHenry -Elliott L.L.C. requesting a Conditional Use Permit to allow the establishment of a 1,500 square foot dry cleaning facility with on site processing at 1767 North Richmond Road, in the McHenry Grounds Shopping Center; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on June 16, 1997, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendation from the Zoning Board of Appeals and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to improve and protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows: SECTION 1: That the leased space commonly known as 1767 North Richmond Road, in the McHenry Grounds Shopping Center and legally described below, be granted a Conditional Use Permit to allow the establishment of a 1,500 square foot dry cleaning facility with on site processing. LEGAL DESCRIPTION: PARCEL 1: A tract of land in the East Half of the Northwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principle Meridian, described as follows: Commencing at a point on the West line of State Highway No. 31, 904.68 feet North of the South line of said Northwest Quarter, said point of beginning being the Northeast corner of a piece of land deeded by Jacob Freund and Rosa Freund, his wife, to Annie Justen by Warranty Deed recorded in Book 239 of Deeds, page 636; thence West along the North line of said land so deeded, 165 feet to the Northwest corner of said land so deeded; thence North at right angles, 380 feet to an iron stake; thence East a right angles, 165 feet to an iron stake on the West line of State Highway 31; thence South along the West line of said State Highway, 380 feet to the place of beginning, in McHenry County, Illinois. PARCEL 2: A tract of land in the East Half of the Northwest Quarter of Section 26, Township 45 North, Rang 8 East of the Third Principal Meridian described as follows: Commencing at a point on the Westerly line of State Route No. 31, formerly U. S. Route No. 12, 264 feet North of the Northeast corner of St. Mary's Catholic Cemetery for a place of beginning; thence West at right angles with the said highway, a distance of 165 feet along the Northerly line of a piece of property heretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul Gerasch; thence North at right angles, a distance of 132 feet; thence East at right angles, a distance of 165 feet to the Westerly line of the said highway; thence Southerly along the Westerly line of said highway, to the place of beginning, in McHenry County, Illinois. SECTION 2: In granting said Conditional Use Permit, the City Council finds that it will be compatible with existing uses in the area, and with the Permitted Uses in the zoning district, in the following ways: 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Environmental Nuisance 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 character- istic of permitted uses in the zoning district, have been appropriately controlled. 3. Neighborhood Character 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. 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of 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. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employ- ees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. SECTION 3: All Ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: 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 2nd DAY OF Jul v , 1997. u T- u m Mr.. M1901 NAYS: G1 ab. ABSTAINED: None. ABSENT: Baird. NOT VOTING: None. APPROVED THIS 2nd DAY OF July , 1997. "40OR ATTEST: CITY( CLERK