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HomeMy WebLinkAboutOrdinances - O-82-283 - 04/05/1982 - GRANT VARIATION MCH HOSPITAL REPLACEMENT FACILITYORDINANCE NO. 0-82-28 ZONING VARIATION ORDINANCE (Re: McHenry Hospital Replacement Facility) WHEREAS, the question of enacting the variation, herein- after provided for, of the Zoning Ordinance of the City of McHenry, came before the Zoning Board of Appealsof this City pursuant to petition to hold a public hearing thereon; and WHEREAS, a public hearing has been held by the Zoning Board of Appeals after publication and notice to surrounding property owners, all pursuant to law; and WHEREAS, the petitioner, -McHenry Hospital Corporation, seeks a variation from the zoning ordinance to allow the con- struction of a new hospital not to exceed 140 feet or 9 stories in height; and WHEREAS, said Board of Appeals has made recommendations and has submitted findings of fact to the City Council; and WHEREAS, it appears that there are practical difficulties and particular and undue hardships resulting from the applica- tion of the strict letter of the Zoning Ordinance to the property in question: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MC HENRY, ILLINOIS, that: SECTION 1: The City Council hereby expressly finds: 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 in- convenience, if the strict letter of the regula- tions were carried out; b. the conditions on which the petition for a varia- tion is based pertains only to a hospital and no other hospital will likely be built in the City and therefore the conditions are unique and not applicable to other property within the same zoning classification; c. McHenry Hospital Corporation is an Illinois not -for -profit corporation and the variation is not therefore sought to make more money; d. The alleged difficulty has not been created by McHenry Hospital Corporation but rather is the result of an architectural design which •,gill result on lower operating costs thereby being reflected in lower costs to those citizens utilizing the facilities; e. the construction of the new hospital, the cost of which will be approximately $30,000,000.00, will have a beneficial impact on surrounding properties and the entire community and there- fore the granting of the variation will not be materially detrimental to other property or im- provements in the neighborhood in which the property is located; and f. the proposed variation will not: (1) impair an adequate supply of light and air to adjacent property since the, facility will be located on 11.5+ - acres; (2) substantially increase the congestion in the public streets; (3) increase the danger of fire since the facility will be sprinklered and the McHenry Township Fire Dis- trict has indicated its approval of the height of the structure; (4) endanger the public safety, or substantially diminish or impair property values within the neighborhood SECTION 2: As a result of the foregoing findings, the City Council hereby concludes that enforcement of the height restriction contained in the Zoning Ordinance would impose a practical difficulty and hardship on the hospital which was not intended and which is not common to other property owners in the area. SECTION 3: The application of the Amended Zoning Ordin- ance of the City of McHenry, is hereby varied to permit the construction of a new hospital, the height of which shall not exceed nine (9) stories or 140'. The property to which this varia- tion is applicable is located approximately at the southwest corner of the intersection of Bull Valley Road and Illinois Route 31, and is legally described as follows: The South 1767 feet of the North 1867 feet of the East 2251.31 feet of the Southeast Quarter of Section 3; also the South 1200 feet of the North 1867 feet of that part of the Southwest Quarter of Section 2 lying Westerly of the centerline of Illinois State Route 31 (excepting therefrom those parts thereof heretofore -con- veyed by instruments recorded in the office of -2- the Recorder of Deeds as Documents Number 201251 and 463b2o), all in Township 44 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois, and containing 103.54 acres of land, more or less. SECTION 4: That all ordinances or.parts thereof in con- flict herewith be and the same are hereby repealed. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication pursuant to law. Passed this 5th-day of April, 1982. AYES: Pepping, Datz, Harker, Wieser, Smith, Theurer NAYS: None ABSENT: mrinn-- Serritella Approved this 5th day of April, 1982. Attest: City Clerk, City of McHenry ayor, City of McHenry -3-