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HomeMy WebLinkAboutOrdinances - O-96-756 - 01/31/1996 - GRANT RECLASS AND CUP DANIEL ADAMS 3003 RTE 120McHenry State Bank #3803 DANIEL AND JOYCE ADAMS ) DAN ADAMS STEEL SERVICE ) AND THE CITY OF MCHENRY ) REGARDING: 3003 W ROUTE 120 ) MCHENRY IL 60050 ) ORDINANCE NO 0-96-756 ZONING FILE NO Z-399(20) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING RECLASSIFICATION AND CONDITIONAL USE THEREON. Whereas, a written Petition signed by Daniel and Joyce Adams, and the City of McHenry, has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change: 1. reclassification from E Estate Zoning District to I-1 Industrial Zoning District, 2. conditional use permit to allow the following uses on the subject premises: outside storage of structural steel components inventory within the existing fenced -in area. under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as 3003 West Route 120, McHenry Illinois, and legally described on Exhibit A attached hereto; and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on November 6, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; and, Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the zoning reclassification and conditional use permit as requested; and, Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if said reclassification and conditional use permit were granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 3003 West Route 120, McHenry Illinois 60050, and legally described in Exhibit A: A reclassification from E Estate Zoning District to I-1 Industrial Zoning District; B. conditional use permit to allow the following uses on the subject premises: outside storage of structural steel components inventory within the existing fenced -in area Section 2: That the City Council finds that in granting the reclassification, the following criteria have been proved before this body: A. The proposed uses arc compatible with existing uses or existing zoning of property in the environs 399(20) page 2 B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. D The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Section 3: That the City Council finds in granting the conditional use permit, the following criteria have been proved before this body: A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. 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. C. 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. D. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected or 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. E. 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 F. 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, 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. 399(20) page 3 Passed this 3 i s t day of T n i a r� 1996. AYES: Bolger Locke Bates Lawson Baird NAYS: Non ABSTAINED: None ABSENT: None NOT VOTING: None A J Approved this 31 s t day of January , 1996. MAYOR ATTEST: N /J CITY CLERK FDA-m,I' A-i LEGAL DESCRIPTION (LD: c570): Part of Lot 11, all of Lot 12 and part of Lot 13 in Chicago Road Subdivision, being a Subdivision of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, page 115, and part- of Block 9 and also part of North Avenue as vacated by Document No. 356419 on July 6, 1959 as said Block 9 and North Avenue located in Edgewater Subdivision (as shown in Book 4 of Plats, page 19) being described as follows: Beginning at the Northwest corner of Lot 10 of said Chicago Road Subdivision and running thence Southeasterly on the Northerly line of said Subdivision for a distance of 223.65 feet to a point on the Northerly line of said Lot 13, said point being 315.92 feet Northwesterly from the most Easterly corner thereof; thence Southwesterly in a straight and direct line for a distance of 173.62 feet to the most Northerly corner of Lot 5, Block 8 of said Edgewater Subdivision; thence Southwesterly on the Northwesterly line of said Block 8 for a distance of 131.20 feet to an angle point therein; thence Southwesterly on the Northwesterly line of said Block 8 for a distance of 141.30 feet to the most Westerly corner thereof; thence Northerly on a line being formed by a line from the most Westerly corner of said Block 8 to the most Southerly corner of said Block 9, to a point in the center line of North Avenue; thence Northeasterly on the center line of said North Avenue to a point on a line drawn 40 feet Easterly of and parallel with the West line of said Block 9 and said parallel line extended Southerly to the center line of said North Avenue; thence North on the last mentioned parallel line 203.97 feet to the North line of said Block 9; thence West on the North line of said Block 9 and on the South line of Lot 10 of said Chicago Road Subdivisdion for a distance of 1.77 feet to the Southwest corner of said Lot 10; thence North 142.55 feet to the place of beginning; Excepting and Reserving therefrom that part described as follows: Commencing at the Northwest corner of Lot 11, thence on an assumed bearing of South 75 degrees 12 minutes 58 seconds East along the North line thereof 41.39 feet to a point on a line 40.00 Easterly from and parallel with the West line of Lot 11 for a point of beginning; thence continuing along the last described course along the North line of Lots 11, 12 and 13 to a point on the Easterly line of the lands of the Grantor; thence South 14 degrees 54 minutes 14 seconds West along said Easterly line 8.04 feet; thence North 75 degrees 11 minutes 55 seconds West along a line parallel with the centerline of Illinois Route 120 a distance of 128.38 feet; thence North 0 degrees 05 minutes 28 seconds West parallel with the West line of Lot 11, a distance of 8.27 feet to the point of beginning, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-355-031, as to part of Lot 11; 09-25-355-032, as to Lot 12; 09-35-355-033, as to part of Lot 13; and 09-36-101-030, as to that part South of said Lots STREET ADDRESS: 2912 W. Route 120 McHenry, IL 60050 PARCEL 1: Lots 8 and 9 in Chicago Road Subdivision, being a Subdivision of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, page 115, Excepting and Reserving from said Lots 8 and 9 that part described as follows: Beginning at the Northwest A4, corner of Lot 8, thence on an assumed bearing of South 0 degrees 05 minutes 28 seconds East along the West line thereof 8.21 feet; thence South 75 degrees 11 minutes SS seconds East along a line parallel with the centerline of Illinois Route 120 a distance of 196.60 feet to a point on a line 40.00 feet Easterly from and parallel with the West line of Lot 11 in Chicago Road Subdivision; thence North 0 degrees 05 minutes 28 seconds West along said parallel line 8.27 feet to a point on the North line of said Lot 11; thence North 75 degrees 12 minutes 58 seconds West along the North lind'%:of Lots 11, 10, 9 and 8 in Chicago Road Subdivision a distance of 196.58 feet to the point of beginning, in McHenry County, Illinois. ALSO PARCEL 2: Lot 10 in Chicago Road Subdivision, being a Subdivision of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, page 115, and part of Block 9 and also part of North Avenue as vacated by Document No. 356419 on July 6, 1959 as said Block 9 and North Avenue located in Edgewater Subdivision (as shown in Book 4 of Plats, page 19) being described as follows: Beginning at the Northwest corner of Lot 10 in Chicago Road Subdivision and running thence South along the West line of said Lot 10, a distance of 142.44 feet to the South line of said Lot 10, being also the North line of Lot 2 in said Block 9; thence East along said North line of Lot 2 in said Block 9, a distance of 1.77 feet to the intersection with the East line of the West 40 feet of said Block 9; thence South along the East line of the West 40 feet of said Block 9, a distance of 203.97 feet to the intersection with the centerline of said vacated North Avenue; thence Northeasterly along the centerline of said vacated North Avenue, a distance of 74.49 feet to the intersection with the East line of said Lot 10 extended South; thence North along the East line of said Lot 10 extended South and along the East line of Lot 10, a distance of 275.95 feet to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line of said Lot 10, a distance of 51.78 feet to the point of beginning; Excepting and Reserving from said Lot 10 that part described as follows: Beginning at the Northwest corner of Lot 8 in Chicago Road Subdivision, thence on an assumed bearing of South 0 degrees 05 minutes 28 seconds East along the West line thereof 8.21 feet; thence South 75 degrees 11 minutes 55 seconds East along a line parallel with the centerline of Illinois Route 120 a distance of 196.60 feet to a point on a line 40.00 feet Easterly from and parallel with the West line of Lot 11 in Chicago Road Subdivision; thence North 0 degrees 05 minutes 28 seconds West along said parallel line 8.27 feet to a point on the North line of said Lot 11; thence North 75 degrees 12 minutes 58 seconds West along the North line of Lots 11, 10, 9 and 8 in Chicago Road Subdivision a distance of 196.58 feet to the point of beginning; in McHenry County, Illinois. A-3 HLJV PARCEL 3: That part of Lot 11 in Chicago Road Subdivision, being a Subdivision of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1924 as Document No. 65665, in Book 4 of Plats, page 115, and part of Block 9 and also part of North Avenue as vacated by Document No. 356419 on July 6, 1959 as said Block 9 and North Avenue located in:,�dgewater Subdivision (as shown in Book 4 of Plats, page 19), being described a's follows: Beginning at the intersection of the west line of said Lot 11 and the Southwesterly line of Illinois State Route 120; thence South 74 degrees 58 minutes 03 seconds East (bearing assumed) along the Southwesterly line of Illinois State Route 120, a distance of 41.49 feet to the intersection with a line drawn 40 feet Easterly of (as measured at right angles thereto) and parallel with the West line of said Lot 11; thence South 00 degrees 04 minutes 54 seconds East, along said parallel line, a distance of 225.29 feet to the centerline of said vacated North Avenue; thence South 51 degrees 11 minutes 31 seconds West, a distance of 51.27 feet to the intersection with the west line of said Lot it extended South; thence North 00 degrees 04 minutes 54 seconds West, along said West line and the extensions thereof, a distance of 268.17 feet to the point of beginning; Excepting and Reserving from said Lot 11 that part described as follows: Beginning at the Northwest corner of Lot 8 in Chicago Road Subdivision, thence on an assumed bearing of South 0 degrees 05 minutes 28 seconds East along the West line thereof 8.21 feet; thence South 75 degrees 11 minutes 55 seconds East along a line parallel with the centerline of Illinois Route 120 a distance of 196.60 feet to a point on a line 40.00 feet Easterly from and parallel with the West line of Lot 11 in Chicago Road Subdivision; thence North 0 degrees 05 minutes 28 seconds West along said parallel line 8.27 feet to a point on the North line of said Lot 11; thence North 75 degrees 12 minutes 58 seconds west along the North line of Lots 11, 10, 9 and 8 in Chicago Road Subdivision a distance of 196.58 feet to the point of beginning, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-25-355-026,'as to Lot 8; 09-25-355-027," as to Lot 9; 09-25-355-028j'as to Lot 10; 09-36-101-025, as to that part South of Lot 10; 09-25-355-029Y as to that part of Lot 11; and 09-36-101-029, as to that part South ofLot it STREET ADDRESS: 3003 W. Route 120 McHenry, IL 60050 ARC -EL `1: 'ART OF LOT 11 IN CHICAGO ROAD SUBDIVISION. BEING A SUBDIVISION )F' PART OF'THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF "RACTIONAL SECTION 23, TOWNSHIP 43 NORTH. RANGE 6 EAST OF THE CHIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ICT013ER 27, 1924 AS DOCUMENT NO. 65665, --7;.AND OF PART OF BLOCK 9 AND ALSO OF PART OF NORTH AVENUE AS VACATED BY DOCUMENT NO. 356419 3N JULY 6, 1959 AS SAID BLOCK 9 AND NORTH AVENUE LOCATED IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE 4ORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35 AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE NORTHEASTERLY SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO. 48334, ALL BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE INTERSECTION OF THE WEST LINE OF SAID LOT 11 AND THE SOUTHWESTERLY LINE OF ILLINOIS STATE ROUTE 120, THENCE SOUTH 74 DEGREES 58 MINUTES 03 SECONDS EAST (BEARING ASSUMED), ALONG THE SOUTHWESTERLY LINE OF ILLINOIS STATE ROUTE 120, A DISTANCE OF 41.43 FEET TO THE INTERSECTION WITH A LINE DRAWN 40 FEET EASTERLY OF (AS MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE WEST LINE OF SAID LOT 11; THENCE SOUTH 00 DEGREES 04 MINUTES 54 SECONDS EAST, ALONG SAID PARALLEL LINE. A DISTANCE OF 229.29 FEET TO THE CENTER LINE OF SAID VACATED NORTH AVENUE; THENCE SOUTH 51 DEGREES it MINUTES 31 SECONDS WEST, A DISTANCE OF 51.27 FEET TO THE INTERSECTION WITH THE WEST LINE OF SAID LOT 11 EXTENDED SOUTH; THENCE NORTH 00 DECREES 04 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE AND THE EXTENSION THEREOF, A DISTANCE OF 268.17 FEET TO THE POINT OF A-k ARCEL 2: LOT 10 IN CHICAGO ROAD SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 25, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCT013ER 27. 1924 AS DOCUMENT NO. 65663, AND OF PART OF BLOCK 9 AND ALSO OF PART OF NORTH AVENUE, AS VACATED BY DOCUMENT NO. 356419 ON JULY 6, 1959 AS SAID BLOCK 9, AND NORTH AVENUE LOCATED IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 49 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING ON THE NORTHEASTERLY SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF. RECORDED JULY 28, 1920 AS DOCUMENT NO. 48334, ALL BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10 AND RUNNING THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 10, A DISTANCE OF 142.24 FEET TO THE SOUTH LINE OF SAID LOT I0, BEING ALSO THE NORTH LINE OF LOT 2 IN SAID BLOCK 9; THENCE EAST ALONG SAID NORTH LINE OF LOT 2 IN SAID BLOCK 9, A DISTANCE OF 1.77 FEET FEET TO THE INTERSECTION WITH THE EAST LINE OF THE WEST 40 FEET OF SAID BLOCK 9; A DISTANCE OF 203.97 FEET TO THE INTERSECTION WITH THE CENTER LINE OF SAID VACATED NORTH AVENUE; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF SAID VACATED NORTH AVENUE, A DISTANCE OF 74.49 FELT TO THE INTERSECTION WITH THE EAST LINE OF SAID LOT 10 EXTENDED SOUTH; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 10 EXTENDED SOUTH AND ALONG THE EAST LINE OF SAID LOT 100 A DISTANCE OF 275.95 FEET TO THE NORTHEAST CORNER OF SAID L&`-:10; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 10,"A► DISTANCE OF 51.78 FEET TO THE POINT OF BEGINNING, .N MCHENRY COUNTY, ILLINOIS, (EXCEPTING THEREFROM THAT PART LYING WITHIN SAID CHICAGO ROAD SUBDIVISION.) PERMANENT INDEX NUMBERS: 09-36-101-025 09-36--101--029