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-