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HomeMy WebLinkAboutOrdinances - O-94-678 - 11/02/1994 - GRANT CUP ALTHOFF FOR PUBLIC LIBRARY 809 N FRONTRLUCIVED ALTHOFF & ASSOCIATES, LTD., AN ) ILLINOIS CORPORATION AND MCHENRY ) PUBLIC LIBRARY DISTRICT, A MUNICIPAL ) CORPORATION ON FRONT STREET NEAR ) ORDINANCE NO. THE INTERSECTION OF MEADOW LANE ) ZONING FILE NO. AVE. AND ROUTE 31, MCHENRY, ILLINOIS ) NOV 14 W. CITY OF MCHENRY 0-94-678 Z-385 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A CONDITIONAL USE PERMIT THEREON WHEREAS, a written Petition signed by Althoff & Associates, Ltd. and the McHenry Public Library District has been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a conditional use permit under the provisions of the Zoning Ordinance of the City of McHenry, as amended, concerning the following described premises: THAT PART OF LOT 3 IN ALTHOFF SUBDIVISION, -A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLATTHEREOF RECORDED MAY 4, 1987 AS DOCUMENT NO. 982804 AND THE EASTERLY 25 FEET OF THE CHICAGO AND NORTHWESTERN RAILROAD DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 3, 214.27 FEET NORTH OFTHE SOUTHEAST CORNER THEREOF; THENCE SOUTH ON SAID EAST LINE, 214.27 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ON THE SOUTH LINE OF SAID LOT 3 AND SAID LINE EXTENDED WEST FOR A DISTANCE OF 491.44 FEET TO A POINT 25 FEET EASTERLY OF THE CENTERLINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE NORTHERLY PARALLEL TO THE CENTERLINE OF SAID RAILROAD ON A CURVE TO THE LEFT A CHORD DISTANCE OF 353.03 FEET TO A POINT; THENCE SOUTHEASTERLY ON A LINE, IF EXTENDED, WOULD INTERSECT ATTHE EAST LINE OF SAID LOT 3 AT A POINT 188.27 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, A DISTANCE OF 333.61 FEET; THENCE EAST 67.56 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. Property Index Numbers: 09-35-102-016, commonly known as 809 N. Front Street, McHenry, Illinois WHEREAS, said Petitioners are requesting a conditional use permit to allow Althoff & Associates, Ltd to remodel the existing building to meet the requirements for operation of a public library on the premises and to allow the McHenry Public Library District to operate a public library, attendant services and administrative offices on the property; and WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals on October 17, 1994, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the requested conditional use permit; and WHEREAS, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would service the interest of the City if the conditional use permit was granted, in that: 1) It will not adversely affect the traffic in the area; 2) It will not detrimentally affect the environment; 3) It is consistent with the character of the neighborhood; 4) It does not disproportionately affect existing services and facilities in the area; 5) It will not detrimentally affect the heath and safety of the community; and 6) The proposed use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois as follows: SECTION 1: That a Conditional Use Permit be granted on the foregoing legally described property commonly known as 809 N. Front Street, to permit Althoff & Associates, Ltd. to remodel the existing building to meet the requirements for operation of a public library on the premises and to allow the McHenry Public Library District to operate a public library, attendant services and administrative offices on the property, but that, even with this conditional use, the Owner(s) of the subject property will still be required to comply with all City building requirements. SECTION 2: That an easement agreement regarding the northern access drive, acceptable to the City, shall be entered into between Althoff & Associates and the McHenry Public Library District prior to occupancy of the building by the Library District. The aforedescribed easement shall not be amended or terminated without the consent of the City, which consent shall not be unreasonably withheld. SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, 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, 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 THIS2ndday of November , 1994. AYES: NAYS: ABSENT: NOT VOTING: Bolger, Locke, Bates, Lawson, Baird None None None Approved this 2nd day of November ayor Attest: i City C erk m\mdib.ord 1994.