HomeMy WebLinkAboutOrdinances - O-79-211 - 11/19/1979 - AMEND ZONING JETCO PROPERTIESORDINANCE NO. 0-79-211
All ORDINANCE AMENDING THE ZONING
ORDINANCE OF THE CITY OF MCHENRY. ILLINOIS
WHEREAS, a Petition was filed before the Zoning Board of Appeals of the
City of McHenry by Jetco Properties, Inc., a Delaware corporation ("Jetco"),
Jewel Companies, Inc., White Hen Pantry Division, a New York corporation
("White Hen"), First National Bank of Cicero, as Trustee Under Trust
No. 2674, Robert C. Peklo and Adeline F. Peklo (the "Peklos"), owners of
the beneficial interest of First National Bank of Cicero Trust No. 2674,
requesting the Zoning Board of Appeals and the McHenry City Council to
grant a variation from certain requirements of Section 2(a) of Article XVIII
of the McHenry Zoning Ordinance as it relates to properties hereinafter
described; and
WHEREAS, Jetco is the record owner of the property described as:
Lot 2 in Block 21 in Lakeland Park Unit 2, being a subdivision of
the Northwest Quarter and part of the Sourthwest Quarter of Section 27,
Township 45 North, Range 8 East of the Third Principal Meridian
according to the plat thereof recorded December 12, 1952 as Document
No. 260030 in Book 11 of Plats, page 66, in McHenry County, Illinois,
hereinafter referred to as the "White Hen Property", and holds title to
said property as nominee for White Hen; and
TATHEREAS, the Peklos, through said land trust as aforesaid, own the
property adjacent to the White Hen Property and described as:
Lot 1, Block 21 in Lakeland Park Unit No. 2, being a subdivision of
part of the Northwest Quarter and part of the Southwest Quarter of
Section 27, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded December 12, 1952
as Document No. 260030 in McHenry County, Illinois, commonly known
as 4720 West Route 120, McHenry, Illinois,
hereinafter referred to as the "Peklo Property"; and
WHEREAS, the Petitioners are requesting a variation to allow the erection
of a pole sign on the Peklo Property advertising the business being
conducted on both the Peklo Property and the White Hen Property; and
WHEREAS, the Petitioners offered, as a condition to the granting of said
variation, that they would forego, as long, as such a joint pole sign
existed, their right to place other signs advertising their businesses
(except those attached to a building) on the two properties hereinabove
described and that the total area of the Petitioners' signs on such a
joint pole sign would not exceed 200 square feet (the maximum area
currently allowed under the McHenry Zoning Ordinance for an unattached
pole sign); and
WHERF,AS, a hearing, was held before the City of McHenry Zoning Board of
Appeals on Friday, the 9th day of November, 1979, at which time the
Zoning Board of Appeals did take evidence and view exhibits presented by
the Petitioners; and
WHEREAS, as a result of said hearing, after considering the contents of
the Petition and the evidence presented in support of the Petition, the
Zoning Board of Appeals did find as follows:
(a) Due to the particular physical surroundings, shapes, or topogra-
phical conditions of the specific properties involved, a
particular hardship would result if the strict letter of the
regulations were carried out;
(b) 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;
(c) The purpose of the variation is not based exclusively upon a
desire to make money out of the properties;
(d) The alleged difficulty or hardship has not been created by any
person presently having an interest in the properties;
(e) The granting of the variation will not be materially detrimental
to the public welfare or injurious to other property or improve-
ments in the neighborhood in which the properties are located;
(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;
and
WHEREAS, the Zoning Board of Appeals did recommend to the City Council
of the City of McHenry the granting of said variation subject to the
conditions offered by Petitioners as hereinabove described; and
WHEREAS, at the regular meeting of the City Council held on Monday, the
19th day of November, 1979, the Council did elect to consider the requests
of the Petitioners; and
WHEREAS, as a result of such consideration, the City Council of the City
of McHenry did affirm the recommendation of the Zoning Board of Appeals
of the City of McHenry concerning the prayer for variation as filed by
the Petitioners; and
WHEREAS, the Aldermen voting to accept the recommendation of the Zoning
Board of Appeals concerning said Petition did find facts to be sufficient
to support the contentions as stated in the Petition; and
WHEREAS, the said Aldermen, concurring with the Zoning Board of Appeals,
do hereby expressly make the following findings with respect to the
aforesaid Petition for Variation:
(a) Due to the particular physical surroundings, shapes, or topogra-
phical conditions of the specific properties involved, a
particular hardship would result if the strict letter of the
regulations were carried out;
(b) 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;
(c) The purpose of the variation is not based exclusively upon a
desire to make money out of the properties;
(d) The alleged difficulty or hardship has not been created by any
person presently having an interest in the properties;
(e) The granting of the variation will not be materially detrimental
to the public welfare or injurious to other property or improve-
ments in the neighborhood in which the.properties are located;
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(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, RE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1. That a variation from the requirements of the McHenry Zoning
Ordinance be granted so as to permit a pole sign (the "joint pole sign")
to be located on the Peklo Property advertising the business being,
conducted on both the Peklo Property and the White Hen Property, subject
to the following conditions:
(a) That, so long as the joint pole sign exists, no other signs
advertising the businesses being conducted on the Peklo Property
and/or the White Hen Property (except signs attached to buildings)
will be allowed on either property; and
(b) That the total area of the signs on the joint pole sign shall
not exceed 200 square feet or, should the McHenry Zoning
Ordinance be so amended, the then maximum area allowed under
said Ordinance for an unattached pole sign, whichever is
greater.
Section 2. That granting such variation described in Section 1 hereof
is effected pursuant to proper application having been made therefor to
the Zoning Board of Appeals of the City of McHenry, Illinois, and upon
proper publication of notice of hearing, and upon public hearing, and
upon receipt of the written affirmative recommendation of the members of
said Zoning Board of Appeals, all pursuant to and in compliance with the
provisions of the said Zoning Ordinance.
Section 3. That this amending Ordinance shall be in full force and
effect from and after its passage and approval according to law.
PASSED AND APPROVED this lqw�- day of k,�D%3 GK%Q %— , 1979.
Voting Aye: ( S )Pepping, Nolan, Datz, Harker, Adams, Wieser, Schooley,
Voting Nay: ( )None Meurer
Absent: ( o )None
CITY OF MCHENRY, ILLINOIS
arai�,OZIgV
By
Mayo
Attest:
City Clerk
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