HomeMy WebLinkAboutOrdinances - O-80-241 - 10/20/1980 - ILL COIL SPRING VARIATION FOR PARKINGORDINANCE NO. 0-80-241
O R D I N A N C E
WHEREAS, a Petition was filed before the! Zoning Board
of Appeals of the City of McHenry by ILLINOIS COIL SPRING COMPANY, a
Delaware corporation, as legal title holder of record to Parcel B,
WESTERN NATIONAL BANK OF CICERO, as Trustee under Trust. No. 7816, as
contingent contract purchaser of Parcel B, WESTERN NATIONAL BANK OF
CICERO, as Trustee under Trust No. 6902, as title holder of record to
Parcel A, and CHARLES S. MARGOSIAN, as sole beneficiary of WESTERN
NATIONAL BANK OF CICERO, as Trustee under Trust No. 6902; and,
WHEREAS, said petition did request a variation of the
zoning ordinance of the City of McHenry so as to allow two buildings
on one lot and that Parcels A and B, as described in said petition,
be considered as a single "zoning lot"; and,
WHEREAS, said petition did further request a variation
of the zoning ordinance of the City of McHenry reducing the required
number of parking spaces of combined Parcels A and B to a number not
to exceed 35 parking spaces; and,
WHEREAS, said petition referred to the following
described premises:
UTDr1PT_ A
That part of the East Half of the Southeast Quarter of
Section 27, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Commencing at
the most Southerly corner of a certain deed recorded in
the Recorder's Office of McHenry County, Illinois, as
Document No. 516310, said point being in the center line
of State Route 120; thence Southeasterly on the center
line of said State Route 120, for a distance of 266.65
feet to a point on the Westerly edge of Boone Creek
running in a Northeasterly and a Southwesterly direction,
said point also being the place of beginning; thence
Northwesterly on the center line of said State Route 120
for a distance of 230 feet to a point; thence Northerly
and parallel to the Easterly line of said Document No.
516310, for a distance of 297.40 feet to a point of curve;
thence Northeasterly on a curve, convex Northwesterly and
having a radius of 1577.31 feet for a distance of 114.58
feet to a point of tangency; thence Northeasterly and
tangent to the last described line at the last described
point for a distance of 82 feet to a point of curve, said
point hereinafter known as Point "B"; thence Northeasterly
on a curve, convex Northwesterly and having a radius of
17,080.81 feet for a distance of 227.78 feet to a point;
thence Southeasterly on a line forming an angle of 75 degrees,
18 minutes, 40 seconds from Point "B" as previously
described herein, for a distance of 494.80 feet to the
Westerly edge of Boone Creek; thence Southerly on the
Westerly edge of Boone Creek to the place of beginning,
in McHenry County, Illinois.
Except that part of the above described property deeded
by Springtrol, Incorporated, a corporation of Wisconsin,
to the People of the State of Illinois, Department of
Transportation, by Warranty Deed recorded February 16),
1973 as Document No. 586968, which may fall within the
boundaries of premises in question and which property is
described as follows: That part of the East Half of the
Southeast Quarter of Section 27, Township 45 North, Range
8 East of the Third Principal Meridian, in McHenry County,
Illinois, more particularly described as follows:
Commencing at the point of intersection of the center line
of FA Route 120 (Illinois Route 120) with the center line
of Industrial Drive; thence Northerly along the said center
line of Industrial Drive, for a distance of 15.80 feet,
more or less, to the point of intersection with the center
line of Old Woodstock and McHenry Road, said point of
intersection also being the point of beginning of this
description; thence continuing Northerly along the said
center line of Industrial Drive for a distance of 74.20
feet; thence Easterly along a line which is normal to the
last described center line for a distance of 16.5 feet;
thence Southeasterly along a line that forms an angle of
55 degrees, 41 minutes, 15 seconds to the right of the
prolongation of the last described course for a distance
of 56.63 feet to the point of intersection with a line
drawn concentric with and 60.0 feet radially distant
Northeasterly of the said center line of FA Route 21
(Illinois Route 120); thence Southeasterly along the last
described concentric line for an arc length 'of 112.90 feet;
thence Southeasterly along a line drawn parallel with and
60.0 feet normally distant Northeasterly of the said center
line of FA Route 21 (Illinois Route 120) for a distance
of 32.5 feet; thence Easterly along a line that forms an
angle of 29 degrees, 44 minutes, 42 seconds to the left
of a prolongation of the last described course for a
distance of 40.31 feet; thence Southeasterly along a line
drawn parallel with and 80.0 feet normally distant
Northeasterly of the said center line of FA Route 21
(Illinois Route 120) for a distance of 78.52 feet; thence
Southwesterly along a line that forms an angle of 85
degrees, 46 minutes, 33 seconds to the right of a prolongation
of the last described course for a distance of 81.42 feet
to a point on the center line of Old Woodstock and McHenry
Road; thence Northwesterly along the last described center
line for a distance of 294.16 feet to the point of
beginning. All distances referenced to the aforementioned
center line of FA Route 21 (Illinois Route 120) are
measured from said center line as it existed on May 1, 1971.
PARCEL B
That part of the East Half of the Southeast Quarter of
Section 27, Township 45 North Range 8 East of the Third
Principal Meridian, described as follows: Commencing at
the most Southerly corner of a certain deed recorded in
the Recorder's Office of McHenry County, Illinois, as
Document No. 516310, said point being in the center line
of State Route 120; thence Southeasterly on the center
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line of said Route 120 for a distance of 266.65 feet to
a point on the Westerly edge of Boone Creek running in a
Northeasterly and a Southwesterly direction, thence
Northwesterly on the center line of said State Route 120
for a distance of 230 feet to a point; thence Northerly
and parallel to the Easterly line of said Document No.
516310, for a distance of 297.40 feet to a point of
curve; thence Northeasterly on a curve convex Northwesterly
and having a radius of 1577.31 feet for a distance of
114.58 feet to a point of tangency; thence Northeasterly
and tangent to the last described line at the last described
point for a distance of 82 feet to a point of curve said
point hereinafter known as Point "B" thence Northeasterly
on a curve, convex Northwesterly and having a radius -of
17,080.81 feet for a distance of 227.78 feet to a point,
said point hereinafter known as Point "C" said point also
being place of beginning; thence Southeasterly on a line
forming an angle of 75 degrees, 18 minutes, 40 seconds
from Point "B" as previously described herein, for a
distance of 494.80 feet to the Westerly edge of Boone Creek;
thence Northerly on the Westerly edge of Boone Creek to
its intersection with a line forming an angle of 94 degrees,
32 minutes, 39 seconds from South to East with the line
drawn from said Point "B" to said Point "C"; thence Westerly
along the line forming an angle of 94 degrees, 32 minutes,
39 seconds, with the line drawn from said Point "B" to said
Point "C" 567 feet more or less to the point of beginning,
in McHenry County, Illinois.
AND, WHEREAS, a hearing was held before the City of
McHenry Zoning Board of Appeals in regard to the contents of the
Petition, and evidence and exhibits were introduced thereat by the
Petitioners at such hearing in support of their position; 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 that:
(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 inconvenience, 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 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
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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 en-
danger the public safety, or substantially diminish or impair property
values within the neighborhood.
AND, WHEREAS, the Zoning Board of Appeals did recommend the
granting of the variation as follows:
A. That two buildings be allowed on the combined Parcels A
and B and that Parcels A and B be considered a single "zonincf lot".
B. That the current parking requirements of the City of McHenry
Zoning Ordinance for a commercial -retail structure on the premises having
61,200 square feet of floor area be reduced by a number of spaces not to
exceed 35 for the combined parcels heretofore described as A and B.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of McHenry that the provisions and requirements of the Zoning
Ordinance of the City of McHenry, and such ordinance as amended, con-
cerning the permitted uses of the premises as hereinabove described, be
and are varied as follows:
A. That two buildings be allowed on the combined Parcels A
and B and that Parcels A and B be considered as a single "zoning lot".
B. That the current parking requirements of the City of
McHenry Zoning Ordinance for a commercial -retail structure on the pre-
mises having 61,200 square feet of floor area be reduced by a number
of spaces not to exceed 35 for the combined parcels heretofore described
as A and B.
This variation shall be in full force and effect from and after
the 20th day of October , 1980.
PASSED this 20th day of October , 1980.
AYES: Nolan, Pepping, Datz, Harker Wieser, Schooley, Meurer
NAYS: None
ABSENT: Adams
APPROVED this 20th day of October , 1980.
ATTEST:
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