HomeMy WebLinkAboutOrdinances - O-96-777 - 02/07/1996 - GRANT RECLASS AND CUP TCI OF ILLINOIS 2508 W RTE 1TeleCarmunications, Inc., d/b/a
TCI OF ILLINOIS INC )
AND THE CITY OF MCHENRY )
2508 WEST ROUTE 120 )
MCHENRY ILLINOIS 60050 )
ORDINANCE NO 0-96-777
ZONING FILE NO Z-399(42)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION AND CONDITIONAL USE PERMIT THEREON_
Whereas, a written Petition signed by TCI of Illinois Inc 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:
a. outside storage of CATV equipment;
b. satellite dish antennas;
c. television tower.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 2508 West Route 120, McHenry, Illinois 60050, and legally described on Exhibit
A attached hereto; and
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on January
8, 1996, 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 2508 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:
1. outside storage of CATV equipment;
2. satellite dish antennas;
3. television tower.
Section 2: That the City Council finds that in granting the reclassification, the following criteria
have been proved before this body:
399(42)
Page 2
A. The proposed uses 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 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: That the City Council finds in granting said conditional use permit the following
restrictions are hereby placed upon the subject property:
A. Outside storage be contained within existing fenced -in area no later than August
1, 1997;
B. All chain link fencing be equipped with privacy slats to provide screening from
adjacent residential property no later than March 1, 1996.
C. Satellite dish antennas be limited to eight (8);
D. Television towers be limited to one (1).
Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
399(42)
Page 3
Section : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 7: 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 7 th day of February , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Approved this 7th day of Febmar= 1996.
MAYOR
ATTEST:
CITY CLERK
1 THE LAND REFERRED TO HEREIN ;E DESCRIBED AS FOLLOWS
PARCEL 1. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25
AND THE NORTHEAST QUARTER OV SECTION 36, ALL IN TOW,1SHIP 45
NORTH, RANGE S EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS: COMMENCING AT Tali= SOUTHWEST CORNER OF FA'ESTWOOD
MANOR UNIT 2 AS RECORDED AUGUT 17, 1956; THENCE SOUTH PARALLEL
WITH AND 238.92 FEET EAST OF THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SAID SECTION
36 FOR A DISTANCE OF 350 FEET, TO THE CENTER LINE OF STATE ROUTE
NO. 120; THENCE EAST ALAONG SAID CENTER LINE OF HIGHWAY, 150
FEET; THENCE NORTH 350 FEET 'fit A POINT IN THE SOUTH LINE OF
EASTWOOD MANOR UNIT 2, 150 FEET EAST OF THE PCINT O� BEGINNING,
THENCE WEST 150 FEET TO THE POINT OF BEGINNING (EXCEPT THAT
PART TAKEN FOR HIGHWAY), EXCEPTING THEREFROM ANY PART THEREOF
FALLING WITHIN THE NI:,RTH=.AS'. QUARTER OF SECTIC"N' 36. MCHE;7RY
COUNTY. ILLINOIS.
PARCEL 2- THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25
AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOW'+SHIP 45 NORTH,
RANGE 8 FAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED A5
FOLLOWS-. COMMENCING AT A POINT IN THE SOUTH LINE OF' EASTWOOD
MANOR UNIT 2 AS RECORDED AUG=UST 17, 1956, 150 FEET EAST OF THE
SOUTHWEST CORNER THEREOF, THENCE SOUTH TO A PAINT It: THE CENTER
LINE OF STATE ROUTE NO. 120, SAID POINT BEING 388.92 'FEET EAST
OF THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 36;
THENCE EAST ALONG THE CENTER LINE OF SAID HIGHWAY TO THE WEST
LINE OF HILLSIDE AVENUE AS PRODUCED SOUTH; THENCE NORTH ALONG
THE WEST L I 61E OF HILLSIDE AVENUE. 350 FEET TO THE SOUTH LINE
OF EASTWOOD MANOR UNIT 2, THENCE WEST 65.05 FEET TO THE POINT
OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN FOR HIGHWAY',,
EXCEPTING THEREFROM ANY PART THEREOF FALLING WITHIN THE NORTHEAST
QUARTER OF SECTION 36, IN MC:HENRY COUNTY. ILLINOIS
k-11-0
LEGAL DESCRIPTION (LD: N/A):
Parcel 1: That part of the Southeast Quarter of Section 25 and the Northeast
Quarter of Section 36, all in Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at the Southwest corner
of Eastwood Manor Unit 2 as recorded August 17, 1956; thence South parallel
with and 238.93 feet East of the west line of the Southeast Quarter of Section
25 and the Northeast Quarter of said Section 36 for a distance of 350 feet., to
the center line of State Route No. 120; thence East along said center line of
Highway, 150 feet; thence North 350 feet to a point in the South line of
Eastwood Manor Unit 2, 150 feet East of the point of beginning; thence west 150
feet to the point of beginning (except that part taken for highway), excepting
and reserving therefrom that part as condemned by the State of Illinois in
Circuit Court Case No. 92-ED-19 and as described in a Lis Pendens Notice
recorded as Document No. 92R 008449 in McHenry County, Illinois.
ALSO Parcel 2: That part of the Southeast
Quarter of Section 25 and the Northeast Quarter of Section 36, all in Township
45 North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at a point in the South line of Eastwood Manor Unit 2 as recorded
August 17, 1956, 150 feet East of the Southwest corner thereof; thence South to
a point in the center line of State Route No. 120, said point being 388.92 feet
East of the west line of the Northeast Quarter of said Section 36; thence East
along the center line of said highway to the west line of Hillside Avenue as
produced South; thence North along the west line of Hillside Avenue, 350 feet
to the South line of Eastwood Manor Unit 2; thence west 65.05 feet to the: point
of beginning (except that part thereof taken for highway); excepting and
reserving therefrom that part as condemned by the State of Illinois in Circuit
Court Case No. 92-ED-19 and as described in a Lis Pendens Notice recorded as
Document No. 92R 008449 in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-36-200-001