HomeMy WebLinkAboutOrdinances - O-78-167 - 08/28/1978 - GRANT ZONING AND VARIATIONS SHERMAN HILL SUBAUG 2 6 ilia
CITY OF McHENRY
ORDINANCE NO. 0-167 Q / _ C%
AN ORDINANCE ZONING LAND NEWLY
ANNEXED TO THE CITY OF McHENRY
WHEREAS, the land described in SECTION 1 of this Ordinance
has been newly, annexed to the CITY OF McHENRY; and
WHEREAS, such land is the subject of -an annexation
agreement which provided that the CITY OF McHENRY would zone
and grant certain variations relative to the land in accordance
with that agreement; and
WHEREAS, prior to the annexation of the land and the
entrance into the annexation agreement.all hearings required
to be held before the City of McHenry Zoning Board of Appeals
of the CITY took place pursuant to proper legal notice
published in the McHenry Plaindealer, a newspaper of general
circulation in the City of McHenry, within the time provided
by law; and
WHEREAS, the City of McHenry Zoning Board of Appeals
after holding said public hearing on the zoning of the
property hereindescribed to the "I-l" - Heavy Industrial
District and for such other variations, has filed its report
with the City Council recommending that the zoning classifica-
tion and such variations requested by the owners of said
real estate should be approved and specifically finding with
reference to the "variations" that:
A. The particular physical surroundings, shapes,
or topographical condition of the 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; and
B. The conditions upon which the petition for the
variations is based are unique and would not be applicable,
generally, to other property within the same zoning cIlassi-
fication; and
C. The purpose of the variations is not based
exclusively upon a desire to make more money out of the
property; and
D. The alleged difficulty or hardship has not
been created by any person presently having an interest in
the property; and
E. The granting of the variations 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 variations 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, McHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: THAT the land legally described in this
Section 1 shall be and is hereby zoned "I-1" - Heavy Industrial
District as defined in the Zoning Ordinance of the City of
McHenry, McHenry County, Illinois. The legal description of
such land being as follows:
Lots 4, 5, 6 and 7 (except the Westerly 50 feet of
said Lot 7) of Sherman Hill Industrial Subdivision,
being a Subdivision of part of the Northwest Quarter
of Section 28, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat
thereof recorded July 12, 1961 as Document No. 388438,
as amended by Certificate recorded August 14, 1961
as Document No. 390006, in McHenry County, Illinois.
SECTION 2: THAT the City of McHenry Zoning Ordinance,
as amended, is hereby varied in relation to the property
described in Section 1 hereof (hereinafter referred to as
"Parcel") so as to allow the following "variations":
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1. Article XIV. "I-1" - Heavy Industrial District
Section E. Area Regulations is hereby varied so as to
provide a thirty-eight (38) feet set back from the right-of-
way line of any road upon which a building fronts or abuts,
rather than a forty (40) feet requirement, only as to that
portion of the existing building located on that part of
"Parcel" described as Lot 5 of Sherman Hill Industrial
Subdivision, being a Subdivision of part of the Northwest
Quarter of Section 28, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof
recorded July 12, 1961 as Document No. 388438, as amended by
Certificate recorded August 14, 1961 as Document No. 390006,
in McHenry County, Illinois.
2. Article XIV. "I-1" - Heavy Industrial District
Section E. Area Regulations is hereby further varied so as
to provide a minimum westerly side yard of 3.5 feet rather
than a 15 feet minimum requirement as to that portion of
Parcel located immediately to the west of the existing
structure located on Parcel.
3. Article XIV. "I-1" - Heavy Industrial District
Section G. Road Development and Parking Regulations is
hereby varied so as to allow development of Parcel by alteration,
repair, or addition without requiring road improvement of
Hill Street nor those requirements or improvements as set
forth under Article XIII - Industrial Park District, Paragraph
E5 with the stipulation that in the event Hill Street is
extended or improved by the City of McHenry, the then owner
of Parcel within a reasonable period of time shall �tsa}r s;
--pirttl�L2 -
-G-E-� cost as then determined by the City of McHenry applicable to -im-
proving 50% of the roadway immediately adjacent to Parcel.
4. Article XVI. Off -Street Parking and Loading,
Paragraph A. Off -Street Parking is hereby varied so as to
permit the following:
A. Parking spaces and access driveways to be
_TL; of compact gravel construction rather than paved or other-
7. surfaced with an all-weather, dust -proof material; and
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B. Driveway connecting from the curb line to the
property line to be paved with other than concrete or asphaltic
material; and
C. At such time that Hill Street is improved then
the variations granted at Paragraph A and B above shall
lapse.
SECTION 3: THAT such amendment set forth in Section 1
and such "variations" as set forth in Section 2 hereof, are
hereby approved pursuant to proper application having been
made therefor to the City of McHenry Zoning Board of Appeals,
McHenry County, Illinois, and upon publication of notice of
hearing, and upon public hearing, and the following receipt
of a written affirmative recommendation of the members of
the said City of McHenry Zoning Board of Appeals, all in
accord with the provision of the Zoning Ordinance of the
City of McHenry, Illinois.
SECTION 4: THAT all maps, plats, journals and other
records including the zoning district map of the City of
McHenry be and the same are hereby amended to reflect the
zoning of the above -described real estate and variations
herein granted.
SECTION 5: THAT this Ordinance shall be known as
Ordinance No. 0-167 and shall be in full force and effect
from and after its passage and approval as required by law.
Passed this 28th day of . August . 1978.
AYE: gnlgPr, Nolan, Harker, natz, Smith, Adams Rogue_, Srhonlpy
NAY: None
ABSENT: None
Approved this 28th day of August _Jr 1978.
ATTEST:
City Clerk
CITY OF McHENRY
BY:
s Mayor
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