HomeMy WebLinkAboutOrdinances - O-96-763 - 01/31/1996 - GRANT RECLASS AND CUP MOY AND PARISI 3102 W RTE 12PERRY MOY & ANTHONY PARISI )
AND THE CITY OF MCHENRY )
3102 W ROUTE 120 )
ORDINANCE NO O- 9 6- 7 6 3
ZONING FILE NO Z-399(33)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION WITH A CONDITIONAL USE PERMIT THEREON.
Whereas, a written Petition signed by Perry Moy, Anthony Parisi 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 Zoning District;
2. conditional use permit to allow the following uses on the subject
premises:
a. outdoor advertising (one billboard only)
b. outside storage of non-perishable restaurant -
related equipment and supplies
c. restaurant having outside seating and service;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 3102 West Route 120 McHenry Illinois 60050, and legally described in Exhibit
A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on October
2, 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 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 3102 West Route 120 McHenry Illinois 60050, and legally
described on Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway
Commercial Zoning District;
B. conditional use permit to allow the following uses on the subject
premises:
1. outdoor advertising (one billboard only)
2. outside storage of non-perishable restaurant -
related equipment and supplies
3. restaurant having outside seating and service.
Section 2: That the City Council finds that in granting this reclassification, the following
findings have been proved before this body:
399(33)
Page 2
A. The proposed use(s) or the uses permitted under the proposed zoning
classification are compatible with existing uses or existing zoning of property
in the environs.
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 : That the City Council finds that in granting this conditional use permit, the following
findings 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.
399(33)
page 3
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.
Passed this 31 s t day of 7 a n i a ry 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT:
NOT VOTING: None
Approved this 31 s t day of January 1996.
MAYOR
ATTEST:
l_
CITY CLERK f ��
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21
LEGAL DESCRIPTION (LD: m2664):
Lots 11 and 12 in Block 7 in the Original Plat of the Village (now City) of
McHenry, on the East side of Fox River, a Subdivision of part of the Southeast
Fractional 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.
PERMANENT INDEX NO(S).: 09-26-481-009
09-26-481-010 and
09-26-481-011.
STREET ADDRESS: Route 120 McHenry, IL 60050