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HomeMy WebLinkAboutOrdinances - O-81-257 - 04/27/1981 - GRANT VARIANCE TO ZONING FOR SAPARITO AND GROSSMANRECEIVED APR 2 -'} 1931 ORDINANCE NO. 0-81-257 CITY, OF MMENRY AN ORDINANCE VARYING THE APPLICATION OF THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY, McHENRY COUNTY, ILLINOIS WHEREAS, Petitioner, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, 33 N. LaSalle Street, Chicago, Illinois 60602, as Trustee under a Trust Agreement known as Trust No. 40362, is the owner of the real estate described in SECTION I; and WHEREAS, JOSEPHINE SAPORITO, CHARLES J. SAPORITO, JR., SHEILA SAPORITO, JAMES MIRABILE, CORRINE MIRABILE and PHILLIP GROSSMAN are the holders of the entire beneficial interest in Trust No. 40362 at the AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO; and WHEREAS, TOLOR CONSTRUCTION COMPANY, I.L.C. CORP., ANTHONY B. BONO and IRVING L. COPPEL, have entered into a contract to purchase the real estate described in SECTION II from AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHIC'AGO, as Trustee under a Trust Agreement known as Trust No. 40362; WHEREAS, the Petitioner herein petitioned the Zoning Board of Appeals for the following variations: #1) That Petitioners be allowed to construct one three story building on the subject property which may not exceed 35 feet in height and in which dwelling use at all 3 levels would be allowed. #2) That Petitioners be allowed to construct 48 units on the subject property instead of the 46 which are presently allowed. However, this variation would be expressly conditioned upon receiving final approval on the financing of this development from the Illinois Housing Development Authority (IHDA). #3) That Petitioners be required to have only 1-1/2 parking spaces instead of 2 parking spaces per living unit. However, this variation would be expressly conditioned upon receiving final approval on the financing of this development from the Illinois Housing Development Authority (IHDA). WHEREAS, the Zoning Board of Appeals of the City of McHenry voted four to three in favor of granting variation #1 above but because a vote of five was necessary for an affirmative recommendation, the Zoning Board of Appeals vote is considered to be a recommendation of denial for variation #1 to the City Council; however, the Zoning Board of Appeals did vote in favor of and did make an affirmative recommendation to the City Council on variations #2 and #3 above; BE IT ORDAINED by the Mayor and City Council of the City of McHenry, County of McHenry, and State of Illinois: SECTION I: That the above -described variations in the application of the provisions of the Zoning Ordinance of the City of McHenry, be and the same are hereby granted as to the following described real estate so as to allow the construction thereon of one three story building not exceeding 35 feet in height and 48 living units with 1-1/2 parking spaces per living unit and allowing dwelling use at all three levels, which variations are expressly conditioned as specified as recited above. That part of the Northeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian in McHenry County, Illinois described as follows: Beginning at the Northwest corner of Dr. C. H. Fegers Addition to the Village of McHenry being a Subdivision recorded October 17, 1895 as Document Number 16171; thence South 00 degrees 11 minutes 19 seconds East along the West line of said Dr. C. H. Fegers Addition a distance of 709.09 feet to the Northeast corner of Lot 6 in County Clerk's Plat of the North half of Section 26; thence South 89 degrees 00 minutes 28 seconds West along the North line of said Lot 6 in County Clerk's Plat of the North half of Section 26 a distance of 66.00 feet to the Northwest corner of said Lot 6 in County Clerk's Plat in the North half of Section 26; thence North 87 degrees 51 minutes 32 seconds West a distance of 221.68 feet to a point which if projected Northwesterly at North 87 degrees -2- 51 minutes 32 seconds West would intersect the West line of the Northeast corner of said Section 26 at a distance of 372.71 feet said intersection being 214.50 feet Northerly of the Southwest corner of said Northeast Quarter of Section 26 as measured along said West line of the Northeast Quarter of Section 26; thence North 00 degrees 26 minutes 50 seconds East a distance of 341.71 feet to a point which is located 536.40 feet North of said Southwest corner of the Northeast Quarter of Section 26 as measured along the West line of said Northeast Quarter of Section 26 and 375.52 feet Easterly of said West line of the Northeast Quarter of Section 26 as measured on a bearing of North 89 degrees 06 minutes 11 seconds East; thence North 64 degrees 36 minutes 38 seconds East a distance of 1.68 feet to a point which is 536.40 feet Northerly of the South line of said Northeast Quarter of Section 26 as measured perpendicular thereto and 377.00 feet Easterly of the West line of said Northeast Quarter of Section 26 as measured perpendicular thereto; thence North 00 degrees 03 minutes 49 seconds West along a line parallel to said West line of the Northeast Quarter of Section 26 a distance of 354.65 feet; thence North 89 degrees 00 minutes 28 seconds East a distance of 281.43 feet to the point of beginning and containing 199842 square feet (4.588 acres) more or less, 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 inconvenience, if the strict letter of the regula- tions 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 ex- clusively 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 (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. -3- 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 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 be properly 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. CITY OF McHENRY ATTEST: City Clerk PASSED: April 27, 1981 APPROVED: April 27, 1981 NUMBER VOTING AYE: Pepping, Datz, Harker, Adams, Schooley, Meurer NUMBER VOTING NAY: Wieser NUMBER ABSTAINING: None NUMBER ABSENT: Nolan ROVED AS TO FORM: City Attorn y -4-