HomeMy WebLinkAboutOrdinances - O-98-879 - 07/08/1998 - GRANT ZONING AND CUP SPENCE MGMT (BRADKIN AND BROEORDINANCE NO. 0-98_879
AN ORDINANCE PROVIDING FOR
ZONING CLASSIFICATION AND ISSUANCE OF A
CONDITIONAL USE PERMIT
WHEREAS, your Petitioners, BRANDON F.R. BRADKIN and DORY B. BROECKART,
the record title holders, and SPENCE MANAGEMENT SERVICES, INC. , contract purchaser, have
filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting a Conditional
Use Permit and an amendment of the Zoning Ordinance and Zoning Map of McHenry County, and
of such Ordinance and Map as amended, in regard to the following described real estate:
Part of Lot 5, except for the South 300 feet, of the County Clerk's Plat of Parts of Sections
22 and 23 in Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the Southwest corner of the Southeast Quarter of Section 23; thence
East on the Quarter line, 27 rods; thence North 30 rods and 12 feet; thence West 27 rods to
the West line of said Quarter; thence South along the said Quarter line to the place of
beginning, according to the Plat thereof recorded May 6, 1902 as Document No. 14082 in
Book 2 of Plats, Page 34, in McHenry County, Illinois..
Hereinafter referred to as "Premises".
Permanent Parcel Index Number: Part of 09-23-400-003.
WHEREAS, Premises is located on the east side of Illinois State Route 31, approximately 500
feet north of the McHenry Commons Shopping Center, McHenry Township, McHenry County,
Illinois.
WHEREAS, the Petition requests the reclassification of the zoning district of Premises to
"C-5" - Highway Commercial District under the terms of the City of McHenry Zoning Ordinance,
along with the issuance of a Conditional Use Permit for a drive-in establishment;
WHEREAS, a public hearing on said Petition was held before the Zoning Board of Appeals
of the City of McHenry in the manner and in the form as prescribed by Ordinance and Statute;
WHEREAS, as a result of said hearing, the taking of evidence, and the viewing of exhibits
advanced thereat, the Zoning Board of Appeals of the City of McHenry did unanimously recommend
the granting of the requested zoning classification and issuance of said Conditional Use Permit;
WHEREAS, the Mayor and City Council of the City of McHenry have considered the
recommendations as submitted by the Zoning Board of Appeals of the City of McHenry; and
WHEREAS, the Mayor and City Council of the City of McHenry have determined that the
standards for reclassification and for issuance of a Conditional Use Permit set forth in the McHenry
Zoning Ordinance and the Illinois Compiled Statutes have been met.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
McHenry, McHenry County, Illinois as follows:
SECTION 1: That the Zoning Ordinance and the Zoning Maps of the City of McHenry,
Illinois, be and the same are hereby amended to reclassify the zoning district of Premises to "C-5"-
Highway Commercial District, together with the issuance of a Conditional Use Permit for a drive-in
establishment.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning of
property in the environs;
2. The requested zoning classification is supported by the trend of development in the
general area;
3. The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 3: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in 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 characteristic 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 an
undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area 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 employees, 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 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 8th DAY OF July , 1998.
AYES: Bolger, Glab, McClatche_y, Murgatroyd.
NAYS: None.
ABSTAINED: None.
ABSENT: Ba i rd .
NOT VOTING: None.
APPROVED THIS 8th DAY OF July , 1998
ATTEST:
. / �/r.
i
. /
//
YOR