HomeMy WebLinkAboutOrdinances - O-80-225 - 05/05/1980 - GRANT VARIANCE FOR ZONING MORE THAN ONE BLDG ON ZORECEIVED
MAY 21980
ORDINANCE NO. 0-80-225 CM OF MW
AN ORDINANCE VARYING THE APPLICATION OF THE PROVISIONS OF
THE ZONING ORDINANCE OF THE CITY OF McHENRY, McHENRY COUNTY,
ILLINOIS
WHEREAS, Petitioners, FIRST NATIONAL BANK AND TRUST
COMPANY OF BARRINGTON, 104 Cook Street, Barrington, Illinois
60010, as Trustee under a Trust Agreement dated the 29th day
of October, 1979, and known as Trust No. 11-1982, is the
owner of the real estate described in SECTION I; and
WHEREAS, the Zoning Board of Appeals of the City of
McHenry voted four to two in favor of granting said varia-
tions but because a vote of five to seven was necessary, the
Zoning Board of Appeals was unable to recommend the recom-
mendation to the City Council;
BE IT ORDAINED by the Mayor and the City Council of the
City of McHenry, County of McHenry, and State of Illinois:
SECTION I: That variations be and are hereby granted
in the application of the provisions of the Zoning Ordinance
of the City of McHenry and State of Illinois so as to allow
the construction of more than one building upon the follow-
ing described property containing no more than eights -eight (88)
living units and also allow the construction of three (3)
story structures not exceeding thirty-five (35) feet in height
with dwelling use at all three levels on the following de-
scribed property:
That part of the Northeast Quarter of the Northwest Quarter
of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, bounded and described as follows:
Commencing at the intersection of the West right of way line
of State Route 31 and the Southwesterly right of way line of
McCullom Lake Road; thence Northwesterly along said South-
westerly right of way line a distance of 229.0 feet to the
intersection with a line 165.00 feet West of and parallel
with the Westerly right of way line of State Route 31 as
shown on Highway Dedication recorded August 11, 1927 as
Document No. 79413 for the point of beginning; thence South
along the last described parallel line a distance of 130.35
feet to the intersection with a line 105.00 feet North of
and parallel with the South line of the Northeast Quarter of
the Northwest Quarter of said Section 26; thence West along
the last described parallel line 577.10 feet to a point of
intersection with a line, 742.00 feet West of and parallel
with the aforesaid Westerly right of way line of State Route
31 recorded August 11, 1927; thence North along the last
described parallel line, 415.76 feet to an angle point;
thence Northeasterly along a line forming an angle of 139
degrees 00 minutes 00 seconds as measured to the left of the
last described course, a distance of 196.73 feet to the
Southwesterly right of way line of McCullom Lake Road;
thence Southeasterly along said Southwesterly right of way
line, being a curved line concaved to the Southwest having a
radius of 5748.00 feet, an arc distance of 245.71 feet to a
point of tangent in said Southwesterly right of way line;
thence continuing Southeasterly along said right of way
line, 370.53 feet to the point of beginning, all in McHenry
County, Illinois.
SECTION II: That this Ordinance is passed upon the
findings of the City Council of the City of McHenry and
State of Illinois, that the proposed variations will not:
(a) 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 incon-
venience, if the strict letter of the regulations
were carried out;
(b) The conditions upon which the petition for a varia-
tion 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 pro-
perty;
(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 substantially diminish or impair property
values within the neighborhood.
SECTION III: That this Ordinance is passed upon the
finding of the City Council of the City of McHenry, County
of McHenry and State of Illinois, that unless there are
variations granted in the application of the provisions of
the Zoning Ordinance of the City of McHenry to the subject
property as requested, there will be placed upon the owners
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practical hardships and difficulties not common to others in
the area.
SECTION IV: That the Building Commissioner is directed
to issue to the Petitioner, its executors, grantees, heirs,
successors or assigns such permit or permits for the desired
improvements as may properly be applied for.
SECTION V: That all Ordinances or parts thereof in
conflict herewith be, and the same are repealed.
SECTION VI: That this Ordinance shall be in effect
from and after its passage and approval according to law.
ATTEST:
(o
City Clerk
PASSED: ,� - .S'- of,(,
APPROVED:
NUMBER VOTING AYE: Jf
NUMBER VOTING NAY: 0
NUMBER ABSTAINING: 0
NUMBER ABSENT:
,APPROVED AS TO FORM:
City Attorney
CITY OF
By: o
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