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HomeMy WebLinkAboutOrdinances - O-66-33.75 - 02/07/1966 - GRANT VARIATION INDUSTRIAL USE IN BE DISTRICT0-66 33. #76 z- U 0-��._'� AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS AS FOLLOWS: SECTION 1: That the Zoning Ordinance of the City of McHenry, Illinois as now in effect, and the zoning maps of the City of McHenry, Illinois, adopted as a part of said Ordinance be and they are hereby amended as follows: A. That a variation be granted of the existing "I-l" Heavy Industrial District classification of the following -described property to permit, for a period of five (5) years from and after March 1, 1966, the following related uses, as would otherwise be permitted in a "B-3" Commercial District classification: a wholesale distribution establishment for the storage, sale and distribution of tobacco, candy, paper and other fountain and sundry supplies and the like: Part of the Southwest Quarter of Fractional Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the southeasterly corner of Matthews-Tonyan Addition to McHenry, according to the Plat thereof recorded in the Recorder's Office in Book 7 of Plats, page 1; thence southeasterly on a continuation of the southerly line of said Addition 67.06 feet; thence southerly on a line forming an angle of 59 degrees and 56 minutes to the right, with a prolongation of the last described line a distance of 100.03 feet to a point for a place of beginning; thence southerly on a continuation of the last described line, 47.15 feet; thence northeasterly on a line forming an angle of 87 degrees and 23 minutes to the left with a pro- longation of the last described line for a distance of 142.6 feet; thence easterly on a line forming an angle of 9 degrees and 17 minutes to the right, with a prolongation of the last described line for a distance of 83.35 feet; thence northerly on a line forming an angle of 88 degrees and 53 minutes to the left, with a prolongation of the last described line, for a distance of 202 feet; thence westerly at right angles to the last described line, 159.25 feet; thence southwesterly on a line forming an angle of 67 degrees and 49 minutes to the left with a prolongation of the last described line, 198.6 feet to the place of beginning,in McHenry County, Illinois. B. That such variation is granted by the City Council of the City of McHenry upon due consideration being first given to the findings of the Zoning Board of Appeals of the City of McHenry and the recommendation of said Board that such variance be denied, and upon the decision of the City Council of the City of McHenry to reverse the recommendation of said Board upon the findings of said City Council that practical difficulties or particular hardship, not intended or not common to the owners of property in the vicinity would be imposed in carrying out the strict letter of the existing "I-1" Heavy Industrial District classification, and upon the follow- ing additional findings: (1) The particular physical surroundings, shapes, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out; (2) The conditions upon which the Petition for a variation is based are unique and would not be applicable, generally, to other property within the same zoning classification; (3) The purpose of the variation is not based exclusively upon a desire to make more money out of the property; N - 2- (4) The alleged difficulty or hardship has not been created by any person presently having an interest in the property; (5) The granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and (6) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. SECTION 2: That such variation is made following proper application having been made therefor before the City of McHenry Zoning Board of Appeals, with publication of notice of the hearing thereon, and public hearing held by and before the City of McHenry Zoning Board of Appeals. SECTION 3: That all ordinances or parts thereof in conflict herewith be and the same are hereby repealed. SECTION 4: That this ordinance shall be in effect from and after its passage and approval according to law. PASSED: T Mayor, City of McHenry ATTEST: C ty Clerk City of McHenry -3-