Loading...
HomeMy WebLinkAboutOrdinance #1260t ORDINANCE N0. 1260 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CANTON ENTERPRISES, LTD., A PARTNERSHIP CONSISTING OF HARLAN E. CROUCH AND BOB L. KEIME, AND DONALD A. KUMER. WHEREAS, a Petition for Special Use Permit signed by CANTON ENTERPRISES, LTD., a partnership consisting of Harlan E. Crouch and Bob L. Keime, the owners and contract sellers of the real property hereinafter described, and DONALD A. KUMER, the contract purchaser of the real property hereinafter described, was filed before the Planning and Zoning Commission of the City of Canton, Illinois, requesting that a special use permit be granted to them for a multi-family dwelling pursuant to the provisions of Section 10-10-3(A) of the Zoning Ordinance of the City of Canton, Illinois; and WHEREAS, the real property which is the subject of this petition is located at 82 North Main Street, Canton, Illinois and is legally described as follows: A part of Lot Number Fifteen (15) in Jones' First Addition to Canton, Fulton County, Illinois, described as follows: Tract I Commencing at the intersection of the West line of North Main Street and the South line of West Chestnut Street in said City of Canton, and running thence South on the West line of North Main Street 36 feet more or less, to H.H. Orendorff and Company's North line, thence West on said Orendorff and Company's North line 161-1/2 feet, thence North to the South line of West Chestnut Street 36 feet, more or less, thence East on the South line of West Chestnut Street to the point of beginning; Tract II Commencing on the East line of the alley at a point 24 feet South of the Northwest corner of said Lot #15, said point being the Northwest corner of lot formerly owned by H.H. Orendorff Company, running thence East along the North line of the Orendorff lot 20 feet more or less to the West line of lot owned by E.F. Swearingen, thence North 37 feet, more or less to the Northeast corner of the building now situated on the lot hereby conveyed, thence West 20 feet, more or less to the East line of alley, thence South 37 feet, more or less, along the East line of alley to place of beginning, above description intended to include all the land conveyed to Jane W. Shepley by deed, from Emma J. Babcock, dated August 18, 1892, including part of Lot 15 and about 13 feet of the "gore" lying North of said lot as conveyed by Nathan Jones, May 26, 1845.; and WHEREAS, CANTON ENTERPRISES, LTD., a partnership consisting of Harlan E. Crouch and Bob L. Keime, is the owner of record and the contract seller of said real property, and DONALD A. KUMER is the contract purchaser of said real property and there are no other owners of record; and WHEREAS, said real property is wholly situated within the corporate limits of the City of Canton, Illinois and is presently zoned B-3, central business district; and WHEREAS, the Petitioners propose to use a portion of the above-described real property in a manner which is not permitted under the aforesaid zoning classification; and WHEREAS, the use proposed by the Petitioners is as a multi-family dwelling subject to the provisions of Chapter 7 of the Zoning Ordinance of the City of Canton, Illinois; and WHEREAS, all petitions, documents and other necessary legal requirements are in full compliance with the statutes of the State of Illinois and ordinances of the City of Canton, Illinois; and WHEREAS, a public hearing was held before the Planning and Zoning Commission of the City of Canton, Illinois on June 12, 1989, pursuant to proper notice published in the Canton Daily Ledger; and WHEREAS, on June 12, 1989, the Planning and Zoning Commission of the City of Canton, Illinois recommended to the City Council of the City of Canton, Illinois that a special use permit be granted to CANTON ENTERPRISES, LTD., a -2- .• partnership consisting of Harlan E. Crouch and Bob L. Keime, and DONALD A. KUMER, fora multi-family dwelling pursuant to the provisions of Section 10-10-3(A) of the Zoning Ordinance of the City of Canton, Illinois; and WHEREAS, pursuant to the provisions of Section 10-17-7 of the Zoning Ordinance of the City of Canton, Illinois, on June 12, 1989, the Planning and Zoning Commission of the City of Canton, Illinois found the following to be fact: 1. The proposed special use is private in character; 2. The proposed special use is so designated, located and proposed to be operated that the public health, safety and welfare will be protected; 3. The proposed special use will not cause appreciable injury to the value of other property in the neighborhood in which it is located; 4. The proposed special use will not subvert or defeat the primary purpose of the Zoning Ordinance, or of the zoning district or area for which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already located in the adjacent area and in the City as a whole; and 5. The proposed special use is one of the special uses specifically listed in Chapters 3 through 13 of Title 10 of the Canton Municipal Code; and WHEREAS, it is in the best interest of the City of Canton, Illinois that said special use permit be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: 1. That the City Council finds as fact the recitals hereinabove set forth. -3- 2. That a special use permit be, and the same is hereby, issued to CANTON ENTERPRISES, LTD., a partnership consisting of Harlan E. Crouch and Bob L. Keime, and DONALD A. KUMER, for a multi-family dwelling pursuant to the provisions of Section 10-10-3 of the Zoning Ordinance of the City of Canton, Illinois and subject to the provisions of Chapter 7 of said Zoning Ordinance at 82 North Main Street, Canton, Illinois, which real property is legally described as follows: A part of Lot Number Fifteen (15) in Jones' First Addition to Canton, Fulton County, Illinois, described as follows: Tract I Commencing at the intersection of the West line of North Main Street and the South line of West Chestnut Street in said City of Canton, and running thence South on the West line of North Main Street 36 feet more or less, to H.H. Orendorff and Company's North line, thence West on said Orendorff and Company's North line 161-1/2 feet, thence North to the South line of West Chestnut Street 36 feet, more or less, thence East on the South line of West Chestnut Street to the point of beginning; Tract II Commencing on the East line of the alley at a point 24 feet South of the Northwest corner of said Lot #15, said point being the Northwest corner of lot formerly owned by H.H. Orendorff Company, running thence East along the North line of the Orendorff lot 20 feet more or less to the West line of lot owned by E.F. Swearingen, thence North 37 feet, more or less to the Northeast corner of the building now situated on the lot hereby conveyed, thence West 20 feet, more or less to the East line of alley, thence South 37 feet, more or less, along the East line of alley to place of beginning, above description intended to include all the land conveyed to Jane W. Shepley by deed, from Emma J. Babcock, dated August 18, 1892, including part of Lot 15 and about 13 feet of the "gore" lying North of said lot as conveyed by Nathan Jones, May 26, 1845. 3. That a certified copy of this Ordinance shall constitute such special use permit and shall issue immediately upon passage and approval of this Ordinance. -4- `, 4. That the records of the City of Canton, Illinois, appropriate documents, maps and related regulations be, and the same are hereby, amended to reflect the foregoing special use permit. 5. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by a majority vote of the City Council of the City of Canton, Fulton County, Illinois and APPROVED by the Mayor thereof at a regular meeting of the City Council on the 3rd day of October 1989, upon a roll call vote as follows: AYES: Aldermen Chapman, May, Bohler, rZeade, Zilly. NAYS: Aldermen Sarff, Steck, Kovachevich. P~~~B~~alO~ ~E~~~lS~~~~&~o ABSENT: None . ATTEST: v- , - ~~~ an es er y y GO ~a~ ksi3~~l~~ ~ E~u~~Rf:,di i~~ ~ a~ ~; ~l.~~ ;3Pfi'I cnl~ J P~~b~~~h i~f ~ ~;~;~c~~Gi c~rc:~@a~ion ne~spa~pe~ ~c ~ e_ ~6~~ Aft. Date ~---~ APPROVED: ~- ~~C~.~-~~-, e~ ona war s, ayor -5-