HomeMy WebLinkAboutOrdinances - O-82-290 - 06/21/1982 - LUCK STORES REDUCE PARKING REQUIREMENTSRECEIVED
MAY 1 11982
CIn, of McHENRY
ORDINANCE
ORDINANCE NO. 0-82-290
WHEREAS, a Petition was filed before the Zoning Board of Ap-
peals of the City of McHenry, Illinois, by FIRST NATIONAL BANK OF
WAUKEGAN, a banking corporation, as Trustee under a Trust Agreement
dated December 14, 1971, and known as Trust No. 2348, as legal
title holder of record to the following described property; FRED
ABDULA, JAMES C. BARR, KAY GREENE, MARETTA MILLER, EUGENE PARENTI,
MARY RODBRO, JOHN KRUEL, PHILIP J. RYAN, and FRANK STERNARD, as
beneficiaries under Trust No. 2348; and LUCKY STORES, INC., a Cali-
fornia corporation; and,
WHEREAS, said Petition did request a variation of the Zoning
Ordinance of the City of McHenry reducing the required number of
parking spaces on the following described property by a number not
to exceed 21 parking spaces; and,
WHEREAS, said Petition referred to the following described
premises:
That part of the East 10.00 acres of Lot 24, and that part of Low 2E
o= the County Cleric' s Plat in the East half of Section 27, Tcw:~sil_o
45 \J_ th, Range 8 East o_ the Third Pr'_ncinal according • tc
:e ? _I at thereof recorded in the Recorder's OTfice of ldc.?er_=- Count-',
Illinois, on May 6, 1902 in Book 2 of Plats, on page 41, described as
follows: Beginning at a point on the West line of the East- IG.OG
�CS Oi :,a1d Lot 24, said Point also be" g in the ccntcr li:a(-- or
120; thence Southeasterly along the center line of: ;z:iCl
P.ou'ce 120 for a distance of 435.56 feet to a point of curve
Sc-: a c _ter - ne; thence Southeasterly along said Center line,
_e=1� on a curve, convex l�ortheasterly, for a distance of 129.70
fact, (chord ,,.easure..:e nt) , to a point of _r.tersect.ion of said
cen-C-e_ line and tl;e East line of said Lot 26; thence _north on
Z., East. 1_r_e of said Lot 26 fo- a distance of 597.50 Teel to a
O�i?:t; t- 1C2 i'+'eSt at right angles to tale last described line,
a-. t o last described point for a distance of 546.00 feet t0 a
7:�o_nt on the west lire of the East 10.00 acres of said Lot 24;
'c; _nce SoLth 451.68 feet to the place of beginning, in I,:cHenry
Cour.•�y, T-llinois .
PA?C=L 2:
That _Dar` of the East. � alf of the Sou ^heart Quarter Of Section
27, ^O.,rnsr_i p 45 North, Range 8 East of the Third Principal • T ei i& 'an,
cescrih2d as follows: Corm-tencing at the point of intersec - or
West line of said East Half -of the Southeast Quarter of SecLic:_
%7 ar_d the center line of State Route 120, (said point also be=ng,
an the Last lire of Lot 26 of the County Clerk's Plat, according
to the Plat thereof recorded in the Recorder's Office of PScPjen- y
County, 311inois, on May 6, 1902, in Book 2 of Plats or. Page 41),
and running thence North on the [,lest line thereof and on the East
line of said Lot 26 for a distance of 597.50 feet to a point for
the p]� ce of beginning, said ooint being the Northwest Corner o=
a certain Deed recorded in the Recorder's Office of IvScHerry County,
Tli?-n015, as Document No. 516310; thence East on the North line of
liocument No. 516310 for a distance of 30.42 feet to a point.; Lherce
So t-:westerly for a distance of 217.22 feet to a point on the i'ie5t
i1_'_e GZ the East Half Of said Sou-' Quarer, said p0nt bet ? L
215.08 =eet South of the place of beginning; thence Forth 215.08
=eet to the place of beginning, in IL•icfienry County, Illinois.
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 Petition; 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
topographscal 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
was carried out;
(b) The conditions upon which the Petition for 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 cre-
aced 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 in-
crease the congestion in the public streets, or increase the danger
of fire, or endanger the public safety, or substantially diminish
or impair property values within the neighborhood; and
WHEREAS, the Zoning Board of Appeals did recommend the grant-
ing of the variation as follows:
A. That the current parking requirements of the City of
McHenry Zoning Ordinance for a commercial -retail structure on the
premises having 78,207 square feet be reduced by a number of spaces
not to exceed 21.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of McHenry that the provisions and requirements of this
Zoning Ordinance of the City of McHenry, and such ordinance as
amended, concerning the permitted uses of the premises as herein -
above described, be and are varied as follows:
A. That the current parking requirements of the City of
McHenry Zoning Ordinance for a commercial -retail structure on the
premises having78,207 square feet of floor area be reduced by a
number of spaces not to exceed 21 for the property hereinabove de-
scribed.
This variation shall be in full force and effect from and
after the 21st day of June , 1982.
PASSED: This 21st day of JJune , 1982.
AYES: Nolan, Pepping, Datz, Harker, Smith, Wieser_, Meurer, Serritella
NAYS: None
ABSENT: None
APPROVED this 21st day of June , 1982.
Attest:
City Clerk
a_a�/ /jo��
100("Mayor