HomeMy WebLinkAboutOrdinances - O-99-947 - 11/17/1999 - GRANT ZONING AND CUP SWIERK 508 S RTE 31ORDINANCE NO. o-99-q47
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CONDITIONAL
USE PERMITS TO PROPERTY OWNED BY ROSEMARY A. SWIERK, LOCATED AT
508 S. ROUTE 31, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Rosemary A. Swierk
requesting a Zoning Map Amendment to C-5, Highway Commercial, and Conditional
Use Permits for an automobile service station and a drive-thru facility at 508 S. Route
31; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on September 20, 1999, in the manner prescribed by ordinance and statute;
and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council the granting of the requested Zoning Map Amendment
and Conditional Use Permits; 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 Zoning
Map Amendment and Conditional Use Permits is consistent with the objectives of the
City of McHenry Zoning Ordinance to protect the public health, safety, morals and
general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the property commonly know as 508 S. Route 31 and legally
described on Exhibit A, attached hereto and incorporated herein by reference, be
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granted a Zoning Map Amendment to C-5, Highway Commercial, and Conditional Use
Permits for an automobile service station and a drive-thru facility.
SECTION 2: That the approval of the Conditional Use Permits as provided in this
ordinance is granted subject to the following conditions:
1. The property shall be developed in substantial conformance with the site plan
prepared by Land Technology, Inc., dated l - 40 0 , and the building
elevations prepared by Direct Design, Ltd., dated / 1-'0 - 91, filed with City
for zoning approval.
2. The drive-thru facility shall be limited to a video store, dry cleaner, or financial
institution.
SECTION 3: 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 4: In granting said Conditional Use Permits, the City Council finds that
the requirements of Table 31 of the Zoning Ordinance have been met in that:
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1. Any adverse impact of types or volumes of traffic flow not otherwise typical
in the zoning district has been minimized.
2. 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. 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. 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. 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; and
6. The proposed use is in harmony with all other elements of compatibility
pertinent to the Conditional Use and its particular location.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
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SECTION 6: 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 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 17TH DAY OF NOVEMBER 11999
AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NONE.
ONE.
NONE.
ABSTAINED:
ABSENT: NONE.
NOT VOTING: NONE.
APPROVED THIS 17TH DAY OF NOVEMBER , 1999
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ATTEST:
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Exhibit A,
Legal Description of the SUBJECT PROPERTY
CHAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 44 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON
THE SOUTH LINE OF SAID QUARTER QUARTER, AT A POINT 853.10 FEET EAST OF THE SOUTHWEST
CORNER THEREOF, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE BOND
ISSUE ROUTE 61, NOW REFERRED TO AS STATE ROUTE 31; THENCE NORTHEASTERLY ON THE
EASTERLY RIGHT-OF-WAY LINE OF SAID ROUTE, ALONG A CURVE TO THE LEFT WITH A RADIUS OF
3859.43 FEET, A CHORD DISTANCE OF 202.53 FEET TO A POINT AT THE SOUTHWEST CORNER OF 0.18
ACRE TRACT; THENCE CONTINUE ALONG SAID CURVE A CHORD DISTANCE OF 40.16 FEET TO THE
NORTHWEST CORNER OF SAID 0.18 ACRE, DEEDED AS 24I.00 FEET NORTH OF AND PARALLEL TO
THE SOUTH LINE OF SAID QUARTER QUARTER, FOR A POINT OF BEGINNING; THENCE CONTINUE
ALONG SAID CURVE, WITH AN ARC LENGTH OF 227.79 FEET, A CHORD BEARING NORTH 03
DEGREES 06 MINUTES 50 SECONDS EAST, A CHORD DISTANCE OF 227.76 FEET; THENCE NORTH 89
DEGREES 55 MINUTES 00 SECONDS EAST 324.24 FEET; THENCE SOUTH 01 DEGREES 06 MINUTES 50
SECONDS EAST, A CHORD DISTANCE OF 227.76 FEET; THENCE NORTH 89 DEGREES 55 MINUTES 00
SECONDS EAST 324.24 FEET; THENCE SOUTH 01 DEGREES 04 MINUTES 45 SECONDS WEST, ALONG
THE WEST LINE OF 1.24 ACRE TRACT, (BEING A PRIOR EXCEPTION), AS IT IS OCCUPIED, A DISTANCE
OF 227.45 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 00 SECONDS WEST,.ALONG A LINE DEED
AS 241.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID QUARTER QUARTER, ALSO
BEING THE NORTH LINE AND AN •EXTENSION TI-EREOF A 0.18 ACRE TRACT, A DISTANCE OF 332.33
FEET, TO THE POINT OF BEGINNING, IN MCHE-NRY COUNTY, ILLINOIS.
TAX ID #14-02-100-045-0000
COMMONLY KNOWN AS: 508 SOUTH ROUTE 31, MCHENRY, ILLINOIS
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