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HomeMy WebLinkAboutOrdinances - O-78-157 - 07/17/1978 - ANNEX AGMT MASS CONSTRUCTIONCITY OF McHENRY, ILLINOIS ORDINANCE NO. 0-157 AN ORDINANCE concerning the zoning classification of certain lands annexed to the City of McHenry, Illinois. WHEREAS, Petition was filed with the City of McHenry, Illinois, as of April 19, 1978, requesting a hearing on the content of a proposes Annexation Agreement by and between H.H. MASS CONSTRUCTION CO., INC., a Delaware Corporation, and THE CITY OF McHENRY, a municipal corporaticn of the State of Illinois; and, WHEREAS, hearings were had in regard to said Annexation Agreement before the Mayor and City Council of the City of McHenry, its Plan ,mmission and the McHenry Zoning Board of Appeals; and, WHEREAS, as a result of such hearings, and in consideration of tze evidence given and Exhibits presented,the Mayor and City Council have determined that the request of the petition, as amended, taken in con- cert with the Annexation Agreement and Exhibits which are a part therec-, is in harmony and keeping with the proper and orderly development and improvement of the City of McHenry; and, WHEREAS, pursuant to such petition and Annexation Agreement as approved and executed by the parties, said territory therein and herein described has been annexed by proper ordinance to the City of McHenry, -end the portion thereof described on Exhibit A attached hereto and made a part hereof is now to receive appropriate zoning classification under the Zoning Ordinance of the City of McHenry, in accord with such instru- ment; NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of McHenry, Illinois, as follows: SECTION I: That pursuant to the provisions of said Annexation Agreement, a true and correct copy of which shall be attached to and made a part of this Ordinance as Exhibit B, the real estate described in Exhibit A attached hereto be and the same is hereby classified as R-3, Single Family District, with building sites restricted to at least 75 feet of frontage and 10,000 square feet in area. SECTION II: The provisions of the Amended Zoning Ordinance of the of McHenry, Illinois, be and hereby are varied with reference to the real estate herein described on said Exhibit A by waiving the prohibi- tion against the construction of boathouses, bathhouses and piers in the rear yards of platted lots, the rear yard terminus of which is the desig- nated shoreline of McCullom Lakef as depicted on the preliminary plat of subdivision of said premises. SECTION III: That the provisions of the McHenry Subdivision and Planning Ordinance be and hereby are varied with reference to the subject real estate as proposed for development as "Derby Acres" in the form presented to and approved by the City Council by waiving the maximum length of cul-de-sac to be constructed on the subject property, and the waiving instruction of sidewalks on the east side of the street running :h and south upon the premises and on one side of the street connecting the subject premises to McCullom Lake Road. SECTION IV: Said variation of the Zoning Ordinance of the City of McHenry and the McHenry Subdivision and Planning Ordinance are granted and by the City Council following finding by the Zoning Board of Appeals/that practical difficul- ties or particular hardships, not intended, nor common to the owners of property in the vicinity will be imposed in carrying out the strict letter of the Zoning and Subdivision regulations and the specific findings that: A) The particular physicial surroundings, shapes and topographical condition of the specific property involved would result in a particular _aship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the reulations were carried out; B) The conditions upon which the Petition for Variation were 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 difficulty or hardship has not been created by any person presently having an interest in the property; - 2 - E) The granting of the variation will not be materially !trimental to the public welfare of injurious to other property or improvements in the neighborhood in which the property is located; and, F) The 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 V: That the zoning map of the City of McHenry, Illinois, adopted as part of said Zoning Ordinance, be and the same is hereby Zended accordingly. SECTION VI: That all Ordinances or parts thereof in conflict herewith be and the same are hereby repealed. SECTION VII: That this Ordinance shall be in effect from and after its passage and approval and publication according to law. PASSED THIS 17th day of July , 1978. AYES: Bolger, Nolan, Harker, Datz, Smith, Rogers, Adams, Schooley NAYS: None ABSENT: None APPROVED this 17th day of July, 1978. tom'. A Y O R ATTEST: City Clerk =M Beginning at the Southwest corner of the Northwest Quarter of the Southeast Quarter of Section 22, Township 45 North, Range 8 East of the Third Principal Meridian; thence North 10 54' 57" East along -the West line of the said Northwest Quarter of the Southeast Quarter for a distance -of 1300.60 feet to the Northwest corner of saad-Northwest Quarter of the Southeast Quarter; thence South -51 11'-_59" East 1085.b -feet; thence South 41 -44' 27".East, 205.91 feet; thence South 110 00' 00" East, 455.0 feet; thence South 770 36' 57" West, 137.57 feet; thence North 890 25' 37" West along the South line of said Northwest Quarter of the Southeast Quarter for a distance of 978.65 feet to the point of beginning. All containing 21.571 acres, more or less, in McHenry County, Illinois. EXHIBIT A