HomeMy WebLinkAboutOrdinances - O-83-304 - 02/21/1983 - ISSUE SPECIAL USE PERMIT ROBERT JUSTEN0-83-304
IN THE MATTER OF THE APPLICATION )
OF ROBERT A. JUSTEN AS TRUSTEE )
TITLE HOLDER OF RECORD FOR A SPECIAL )
USE PERMIT UNDER THE PROVISIONS OF )
THE ZONING ORDINANCE OF THE CITY OF )
McHENRY, McHENRY COUNTY, ILLINOIS. )
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF A SPECIAL USE PERMIT
WHEREAS, Petitioner did file a petition with the Zoning
Board of Appeals of the City of McHenry requesting a special use
permit under the provisions of the City of McHenry Zoning Ordinance,
and such Ordinance as amended, in regard to the following described
premises:
Lot 2 (except the East 33 feet thereof); Lot 3, (except
the East 165 feet thereof); Lot 4, (except the East 165
feet thereof); all in Block 23 in the Original Plat of
McHenry on the West side of Fox River, a Subdivision
of part of the Southeast Quarter -of Section 26, Township
45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded July 6, 1840 in
Book B of Deeds, page 160, in McHenry County, Illinois.
ALSO: That part of the Southwest Quarter of Section 26,
described as follows: Beginning at a point on the North
and South Quarter Section line of said Section, where
said line intersects the Southwest corner of Lot 4, Block
23 of the Original Plat of McHenry; thence North along
said North and South Quarter Section line, a distance of
134.63 feet; thence Westerly along the South line of Lot 4
of the County Clerk's Plat, being along a line forming
an angle of 89 degrees 53 minutes to the left, with a
prolongation of the last described line, for a distance
of 55.0 feet; thence Southerly on a line forming an angle
of 97 degrees 49 minutes to the left, from the last
described line, a distance of 137.5 feet; thence Easterly
on a line forming an angle of 84 degrees 42 minutes to the
left from the last described line, a distance of 37 feet
to the place of beginning, in Township 45 North, Range 8
East of the Third Principal Meridian, in McHenry County,
Illinois.
AND, WHEREAS, a hearing was held before the said City of
McHenry Zoning Board of Appeals in regard to the contents of the
petition, and evidence and exhibits were introduced thereat by
the Petitioner at such hearing in support of his petition;
AND, WHEREAS, as a result of said hearing, after consider-
ation of the contents of the petition, of the evidence presented in
support of the petition, a motion was made by the Zoning Board of
Appeals to recommend to the City Council the issuance of a special
use permit for the operation of a crematory on the hereinabove
described premises;
AND, WHEREAS, said motion before the Zoning Board of
Appeals did find that the standards set out in the City of McHenry
Zoning Ordinance, Article V, paragraph C, have been met;
AND, WHEREAS, the Zoning Board of Appeals did vote four
in favor and three against the granting of said special use permit;
AND, WHEREAS, the Zoning Ordinance of the City of McHenry,
Article XXI, paragraph C, No. 2, requires the concurring vote of
five members of the Zoning Board of Appeals to recommend any
amendment, granting of variation, or issuance of a special use permit;
AND, WHEREAS, no recommendation was made by the Zoning
Board of Appeals due to the failure to have five members recommend
the special use permit;
AND, WHEREAS, the City Council did vote in favor of issuing
a special use permit for the operation of a crematory on the
premises hereinabove described;
AND, WHEREAS, the City Council finds that:
(a) the special use will not cause substantial injury
to the value of other property in the neighborhood
in which it is to be located;
IWZ
(b) the location and size of the special use, the
nature and intensity of the operation involved
in or conducted in connection with it, the size
of the site in relation to it, and the location
of the site with respect to streets giving access
to it, shall be such that it will be in harmony
with the appropriate and orderly development of
the district in which it is to be located;
(c) the location, nature and height of buildings,
walls and fences, and the nature and extent of
the landscaping on the site shall be such that
the use will not hinder or discourage the appropriate
development and use of adjacent land and buildings,
or will not impair the value thereof;
(d) parking areas shall be of adequate size for the
particular use, properly located, and suitably
screened from adjoining residential uses, and the
entrance and exit drives shall be laid out so as
to prevent traffic hazards and nuisances.
NOW, THEREFORE, BE IT ORDAINED by the City Council of `he
City of McHenry that the Zoning Enforcement Officer of the City of
McHenry be and hereby is authorized and directed to issue such
permit or permits as will allow the operation of a crematory on
the hereinabove described premises provided that the operation of
the crematory shall meet all applicable regulations, including the
obtaining of all necessary EPA permits prior to commencement of
operation.
PASSED this 21st day of February , 1983.
AYES: Nolan, Datz, Busse, Smith, Gelwicks, Meurer, Serritella
NAY ES : None
ABSTAIN: None
ABSENT: Pepping
NOT VOTING: None
APPROVED this 21st
ATTEST:
City Clerk
day of February 1983.
MAYOR
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