HomeMy WebLinkAboutOrdinances - O-96-789 - 06/26/1996 - GRANT CUP MCH ELEM DIST 15 RE 3711 AND 3801 KANE AMcHenry Elementary School District 15)
3711 & 3801 W. Kane Ave.)
McHenry, Illinois 60050)
ORDINANCE NO 0-96-789
ZONING FILE NO Z- 411
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
CONDITIONAL USE THEREON.
Whereas, a written Petition signed by McHenry Elementary School District 15 has been filed with the
City Clerk of the City of McHenry, Illinois requesting the granting of a conditional use under the provisions of
the Zoning Ordinance of the City of McHenry, as amended, concerning the following described premises:
Property at 3801 W. Kane Ave.:
Lot 1( except the West 99 feet thereof) in Block 7 in Wattles Second Addition to McHenry, a
Subdivision of part of the Out -lots 1, 2, 11, 13 and 14 of County Clerk's Plat of part of the
Northwest quarter of Section 35, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded April 8, 1927 as Document No. 77644 in Book 5
of Plats, Page 94, in McHenry County, Illinois
Property at 3711 W. Kane Ave.:
Lots 11 and 12 in Block 5; Lots 9 and 10 in Block 6; Block 10 ( excepting therefrom that part
thereof conveyed by Frank H. Wattles and Wife, to Julius J. Vasey and his wife, by Warranty
Deed dated May 4, 1927 and recorded June 10, 1927 in Book 171 of Deeds, page 509; also
excepting therefrom that part thereof conveyed by Frank H. Wattles and his wife, to Julius J.
Vasey, by Warranty Deed dated November 12, 1928 and recorded in Book 189 of deeds, page
440), in Wattles' Second Addition to McHenry, a subdivision of part of Out -Lots 1,2,11,13,14, of
County Clerk's Plat and lying in the Northwest quarter of Section 35, Township 45 North, Range
8 East of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as
Document No. 77644 in Book 5 of Plats, page 94, in McHenry County, Illinois, excepting
therefrom the North 445.2 feet of Block 10 of Wattles' Second Addition to McHenry previously
conveyed to Trustees of Schools of Township 45 North, Range 8 East of the Third Principal
Meridian, McHenry County, Illinois.
and
The North 445.2 feet of Block 10 of Wattles' Second Addition to McHenry according to the Plat
thereof recorded in the Recorder's Office of McHenry County in Book 5 of Plats, on page 94,
located in the City of McHenry, County of McHenry and State of Illinois, subject to easement as
created by instrument dated April 12th, 1927 and recorded April 13th, 1927 in Book 10 of
Miscellaneous Records, page 576, McHenry County Records, from Frank H. Wattles and wife to
City of McHenry.
and
Lots 1, and 2 in Block 6 in Wattles' Second Addition to McHenry, being a Subdivision of part of
Out -Lots 1, 2, 11, 13, and 14 of County Clerk's Plat and lying in the Northwest Quarter of
Section 35, Township 45 North, Range 8 of the Third Principal Meridian, according to the Plat
thereof recorded April 8, 1927 as Document No. 77644, in Book 5 of Plats, page 94, in McHenry
County, Illinois.
and
Lots 1, 2, 3, 4, 5, in Block 12 in Wattles' Second Addition to McHenry being a subdivision of
part of Out -Lots 1, 2, 11, 13, 14, of the County Clerk's Plat ,of the Northwest Quarter of Section
35, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois.
and
Lot 6 in Block 12 of Wattles' Second Addition to West McHenry, a Subdivision of part of the
Northwest Quarter, of Section 35, in Township 45 North, of, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded April 8, 1927, in Book 5 of Plats, Page 94 in
McHenry County, Illinois.
and
Part of Block 10 of Wattles' Second Addition, described as follows: Starting at the Northwest
corner of block 13 of said Addition and running thence Westerly with the North line of said
Block extended 366.3 feet to the West line of Out -Lot 11 of the County Clerk's Plat; thence
South along the West line of Out -Lot 11 to the Northwest corner of Out -Lot 12; thence Easterly
along the North line of said Out -Lot 12, 366.3 feet to the Southwest corner of said Block 13;
thence North along the West line of said Block 13; 131.3 feet to the place of beginning. Said
Addition being 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 plat thereof recorded April 8,
1927, as Document No. 77644, in Book 5 of Plats, page 94, in McHenry County, Illinois.
and
Lot 1 in Block 13 in Wattles' Second Addition to McHenry, being a subdivision in a part of the
Northwest Quarter of Section 35, Township 45 north, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded April 8, 1927, in McHenry County, Illinois.
and
Out -Lot 12 of the County Clerk's Subdivision of the North Half of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, except the East 247.0 feet thereof situated
in the County of McHenry, in the State of Illinois, hereby releasing and waving all rights under
and by virtue of the Homestead Exemption Laws of the State of Illinois.
commonly known as: 3711 & 3801 W. Kane Ave, McHenry Jr. High School
Whereas, said Petitioner(s) are requesting, a conditional use to permit the operation of an educational
facility, with said use requiring a conditional use as the minimum requirement as required by the City of
McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on June 3, 1996, at
which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the
Petitioner(s); and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no overriding
reason for not granting the requested conditional use; 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 a conditional use were granted for the operation of an educational facility.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of McHenry, Illinois, as
follows:
Section 1 That a conditional use to permit the operation of an educational facility is hereby granted on
the foregoing legally described property, commonly known as 3711 & 3801 W. Kane Ave. McHenry Jr. High
School, but that, even with this said conditional use , the subject property owner(s) will still be required to
comply with all requirements as to new construction.
Section 2: That the City Council finds that in granting this conditional use , the following findings have
been proved before this body:
A. The proposed use will not cause any adverse impact of types or volumes of traffic flow.
B. The proposed use will have no adverse affects of noise, glare, odor, dust, waste disposal,
blockage of light or air, or other adverse environmental effects.
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 community facilities or services to a degree
disproportionate to that normally excepted 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, 3 All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby
repealed to the extend 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 and after its passage, approval and publication
in pamphlet form, as provided by law.
Passed this 26th day of June , 199 6.
AYES: Bolqer, Locke, Bates, Lawson, Baird
NAYS
None
ABSTAINED: None
ABSENT: None
NOT VOTING:
Approved this 96th day of 1ilnp , 1996
MAYOR
ATTEST:
CITY CLERK
rev: February 6, 1996