HomeMy WebLinkAboutOrdinances - O-73-57.A - 10/15/1973 - RECLASS S & l PARKING LOT FOR 2 SEVEN-STORY APARTM.� ,
0-73-5rIA
AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF
THE CITY OF McHENRY, ILLINOIS
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF McHENRY, ILLINOIS, as follows:
SECTION 1. That the Comprehensive Zoning Ordinance of
the City of McHenry, Illinois, as passed, approved and as
subsequently amended and as now in effect, and the zoning map
of the City of McHenry, Illinois, adopted as a part of said
Zoning Ordinance, and as amended, be and they are hereby amended
as follows:
A. That the property described on the schedule attached
be and the same is hereby reclassified from "B-2" Commercial
Recreation District to "B-l" Commercial -Retail District
classification.
SECTION 2. That such reclassification is made upon the
following conditions:
A. That the use of such property be restricted to the
construction, maintenance and operation of two seven -
story apartment buildings containing 96 units, and, pro-
viding interior ground floor parking for not less than
thirty-four vehicles, and a ground floor restaurant
containing approximately 4,000 square feet of area, and
outside parking area for not less than 127 vehicles, to
be constructed in substantial compliance with the plans
and drawings on file in the City of McHenry Zoning Board
of Appeals proceedings, and according to testimony and
exhibits presented to the City of McHenry Zoning Board
of Appeals on August 17, 1973; and
B. That a contract be entered into within thirty days
of the date hereof between the property owner and the
City of McHenry for the construction at mutual cost of
outdoor on -site parking facilities for not less than 127
vehicles, and the lease by the City of McHenry of not
less than sixty-five of such parking spaces for a period
of twenty years.
C. That the sanitary sewer connection fees applicable
to said premises shall be those which were adopted by
ordinance passed on October 1, 1973, provided, however,
that said fees shall be payable one year from the date
that the building permit is issued or on the date that
the occupancy permit is issued, whichever occurs first.
D. In the event that the City Engineer requires the size
of the sanitary sewer on Venice Avenue, between Green
Street and Riverside Drive, to be increased because of
the Petitioner's use of the subject premises, the Petitioner,
Its successors and assigns, shall pay for the entire cost
of such increase in sewer size.
SECTION 3. That such reclassification is made following
hearing before and the affirmative recommendation of the Zoning
Board of Appeals of the City of McHenry, following proper
application therefor, publication of notice thereof, and public
hearing, all in accordance with the provisions of said Zoning
Ordinance.
SECTION 4. That all ordinances or parts thereof in conflict
herewith be and the same are hereby repealed.
SECTION 5. That this Ordinance shall be in effect from
and after its passage and approval according to law.
PASSED this 15th day of October, 1973.
AYES f
NAYES N4n/
ABSENT on/e
APPROVED this 15th day of October, 19 3.
ATT.a:—p
yor
City Clerk
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\, That part of the South Half of Section 2G, described as
follo%ds: Commencing on the North and South Quarter Sec-
tion line at a point 49G.G feet North of the South Quar-
ter Corner of said Section 2G; thence South 5.0 feet, more
or less, to the water's edge of Boone Creek for a place
of beginning; thence in a Northwesterly direction following
the water's edge of said Boone Creek to an intersection
with the center line of the State Highway known as Route
120; thence Northeasterly along the center line of said s'
State Highway, 190 feet, more or less, to a point which, `
is 50 feet Southwesterly (as measured along the center
of said Highway) from the Westerly line of a tract of land
conveyed by Rol A. Kent to Merlin J. Kent by Deed dated
April 19, 1928 and recorded in the Recorder's Office of
the County of McHenry and State of Illinois, in Book 189
of Deeds, on page 284, extended Northwesterly to an inter-
section with the center of said highway; thence South-
easterly parallel with the Westerly line of said tract,
202.50 feet; thence Easterly a distance of 158.30 feet,
more or less, to .the Southwesterly Corner of Lot 4 in
Block 23 of the Original Plat of McHenry; thence South-
easterly along the Southwesterly line of said Lot 4, a
distance of 8.25 feet to the most Northerly corner of a
tract of land conveyed by Lola D. Walsh, et al. to Charles
G. Frett and Maggie Frett by Deed dated February 20, 1901
.and recorded in said Recorder's Office in Book 107 of Deeds,
page 227; thence Southwesterly along the Northwesterly line ,
of said tract of land a distance of 50.0 feet; thence South -..-
easterly parallel with the Southwesterly line of Lot 5 in
said Block 23, a distance of 52.35 feet; thence Southwest-..' ;
erly parallel with Northwesterly line of Green Street a
distance of 179.50 feet to the most Southwesterly Corner
i
of a tract of land conveyed by McHenry American Legion,
Inc. to Maurice Gladstone by Deed dated March 21, 1949 and
recorded in said Recorder's Office as Document No. 2191331':-
May 16, 1949 (including easement); thence Southeasterly
along the Southerlymost line of said tract of land a dis-
tance of 152.0 feet to the Northwesterly line of Green
Street; thence Southwesterly along said Northwesterly liner.
of Green Street, a distance of 174.0 feet, more or less,
to the water's edge of Boone Creek; thence Northwesterly
along the water's edge of Boone Creek a distance of 43.0
feet, more or less, to the point of beginning, (excepting `
and reserving therefrom all that portion thereof dedicated-'
to the State of Illinois for highway purposes) ALSO except _
that part thereof described as follows: Beginning at the
most Southerly Corner of a tract of land conveyed -by Mc-
Henry American Legion, Inc, to Maurice Gladstone by Deed '
dated March 21, 1949 and recorded in the Recorder's Office''
of McHenry County, Illinois, as Document No. 219133 on May
16, 1949; thence Northwesterly along the Southerlymost line.=
of said tract and extended Northwesterly for a distance of :
239.38 feet to a point; thence Southwesterly along a line
forming an angle of 89 degrees and 32 minutes and 30 sec-
onds to the left with a prolongation of the last described
line, at the last described point, for a distance of 130.00
• feet, more or less, to the water's edge of said Boone Creek=
thence Southeasterly along the water's edge of said Boone
Crock for a distance of 243.00 feet, more or less, to a -
point on the Northwesterly line of Green Street; thence
Northeasterly along the Northwesterly line of Green Street,
a distance of 174.0 feet, more or less, to the place of•
beginning) , all in Township 45 North, -Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
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