HomeMy WebLinkAboutOrdinances - O-96-759 - 01/31/1996 - GRANT RECLASS AND CUP NYE AUTO DOCTOR 2318 W RTE 1McHenry State Bank #116
WILLIAM A NYE & LORRAINE W NYE )
AND THE CITY OF MCHENRY )
REGARDING: 2318 W ROUTE 120 )
MCHENRY IL 60050 )
ORDINANCE NO 0-96-759
ZONING FILE NO
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
RECLASSIFICATION AND CONDITIONAL USE THEREON.
Z-399(26)
Whereas, a written Petition signed by William A Nye 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 C5 Highway Commercial District;
2. conditional use permit to allow the following uses on the subject premises:
a. Motor vehicle and recreational vehicle service and repair;
b. Outside storage of vehicles on the east,west,south and northwest sides of the
building;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2318 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
27, 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 2318 West Route 120, McHenry Illinois 60050, and legally
described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial District;
B. conditional use permit to allow the following uses on the subject premises:
1. Motor vehicle and recreational vehicle service and repair;
2. Outside storage of vehicles on the east,west,south and northwest sides of the
building.
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 are compatible with existing uses or existing zoning of property in the
cnvirons.
3-)9(26)
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(26)
page 3
Passed this 31st day of January , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: loon P
Approved this i G t day of
ATTEST:
CITY CLERK
1996.
MAYOR
9YE AGE Lbcroe
��,YNIf if
THE EAST 150 FEET OF THE WEST 600 FEET OF THE FOLLOWING DESCRIBED
TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, AND
THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIFAL MERIDIAN, DESCF..[6iED AS FOLLOWS.
COMMENCING AT THE SOUTHWEST CORNER OF LOT 44 IN BLOCir. 1 IN EASTWOOD
MANOR UNIT 2; THENCE SOUTH ALONG THE EAST LINE OF HILLSIDE LANE,
350 FEET TO THE CENTER LINE OF' STATE ROUTE NO. 120; THENCE EAST
ALONG THE CENTER LINE OF SAID HIGHWAY, 900 FEET, THE14CE NORTH,
PARALLEL WITH THE EAST LINE OF HILLSIDE LANE, 350 FEET, TO THE
SOUTH LINE OF BLOCK 7, THENCE WEST ALONG THE SOUTH LINE OF SAID
BLOCK 7. 900 FEET TO THE PLACE OF BEGINNING. (EXCEPT ?HAT PART
THEREOF FOR HIGHWAY), IN MCHEr• RY COUNTY, ILLINOIS "PL30 EXCEPTING
THEREFROM THAT PART LYING Ili SECTION 36, TOWNSHIP 4` 'iORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUt:lY. IL+ INGIS)
PERMANENT iNDEX NUMBER