Loading...
HomeMy WebLinkAboutOrdinances - O-78-143 - 04/24/1978 - RECLASSIFY KALFUS PROPERTY LOT 2 IN LAKELAND SHORED- y -/y3 0-143 O R D I N A N C E WHEREAS, a Petition was filed with the Zoning Board of Appeals of the City of McHenry by Michael J. Kalfus and Gay P. Kalfus, his wife, requesting an Amendment under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, to reclassify from the existing "R-3" Single Family District to "B-3" Commercial District the following described premises: Lot 2 in Block 2 in Lakeland Shores Unit No. 3, being a Subdivision of part of the North Half of the South- west Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, lying South of the center line of State Route 120, according to the Plat thereof recorded April 25, 1958 as Document No. 337444, in Book 13 of Plats, page 55, and as amended by Instrument recorded May 9, 1958 as Docu- ment No. 338057, in McHenry County, Illinois. AND, WHEREAS, a hearing was subsequently had before the City of McHenry Zoning Board of Appeals on Friday, the 7th day of April, 1978, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners; AND, WHEREAS, as a result of taking such evidence and viewing such exhibits, the Zoning Board of Appeals did not recommend the reclassification of the premises to "B-3" Commercial District, but did recommend that the subject property be reclassified to "B-1" Commercial Retail District, together with a Variation to conduct an automotive tune-up and engine repair business with appurtenant enclosed storage, provided, however, that a proper fence be erected between the subject premises and residential properties to the East and South, that there would be no open storage of automobiles or refuse, and that there would be no body work or painting of automobiles of other vehicles on the premises; AND, WHEREAS, this recommendation by the Zoning Board of Appeals would establish that this was, in the Boards's opinion, a AND, WHEREAS, the City Council adopts the views of the Zoning Board of Appeals in this regard and does further find that: a. The particular physical surroundings, shapes, or topo- graphical 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. b. The conditions upon which the variation is based are unique and would not be applicable, generally, to other property within the same zoning classification. c. The purpose of the variation is not based exclusively upon a desire to make more money out of the property. d. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. e. 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 f. 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. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois as follows: That the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, is hereby amended to effect the reclassification of the property described herein - above to "B-1" Commercial Retail District, and 2. That the subject premises are also hereby granted a Use Variation to conduct upon same an automotive and engine repair business with appurtenant enclosed storage, provided that a proper fence be erected between the subject premises and residential properties to the East and South; that there would be no open storage of automobiles or refuse, and that there would be no body work or painting of automo- biles or other vehicles on the premises, and 3. That the proper officer, or officers, of this City enforcing the Zoning Ordinance, shall cause this reclassification to be recorded on the Official Zoning Map of the City of McHenry, and shall issue such permit, or permits, as shall be required to effectuate this Ordinance. PASSED on this 24th day of April, 1978. APPROVED on this 24th day of April, 1978. ATTEST: Voting Aye: Bolger, Nolan, Harker, Datz, Smith, Rogers, Schooley Voting Nay: None. Absent: Adams.