HomeMy WebLinkAboutOrdinances - O-83-308 - 03/21/1983 - AMER NATL BANK VARIANCE FOR PARKING8304.14wtb
O R D I N A N C E
ORDINANCE NO.0-83-308
WHEREAS, a Petition was filed before the Zoning Board
of Appeals of the City of McHenry by THE AMERICAN NATIONAL
BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No.
54605; and,
WHEREAS, said Petition did request a variation, amend-
ment or interpretation of the Zoning Ordinance of the City of
McHenry allowing a reduction of the required number of parking
spaces from 2.0 to 1.5 spaces per dwelling unit; and,
WHEREAS, said Petition referred to the followinq
described premises:
That part of the Northeast Quarter of the Northwest
Quarter of Section 26, Township 45 North, Range 8 East
of the Third Principal Meridian, bounded and described
as follows: Commencing at the intersection of the West
right of way line of State Route 31 and the Southwesterly
right of way line of McCullom Lake Road; thence North-
westerly along said Southwesterly right of way line a
distance of 229.0 feet to the intersection with a line
165.00 feet West of and parallel with the Westerly right
of way line of State Route 31 as shown on Highway Dedica-
tion recorded August 11, 1927 as Document No. 79413 for
the point of beginning; thence South along the last
described parallel line a distance of 130.35 feet to the
intersection with a line 105.00 feet North of and paral-
lel with the South line of the Northeast Quarter of the
Northwest Quarter of said Section 26; thence West along
the last described parallel line 577.10 feet to a point
of intersection with a line 742.00 feet West of and
parallel with the aforesaid Westerly right of way line
of State Route 31 recorded August 11, 1927; thence*North
along the last described parallel line, 415.76 feet to
an angle point; thence Northeasterly along a line forming_
an angle of 1391 00' 00" as measured to the left of the
last described course, a distance of 196.73 feet to the
Southwesterly right of way line of McCullom Lake Road;
thence Southeasterly along said Southwesterly right of
way line, being a curved line concave to the Southwest
having a radius of 5748.00 feet, an arc distance of
245.71 feet to a point of tangent in said Southwesterly
right of way line; thence continuing Southeasterly along
said right of way line, 370.53 feet to the point of
beginning, all 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 Petitioner at such hearing in support of its position;
AND, WHEREAS, although the Zoning Board of Appeals did
not recommend the granting of the variation as follows:
That the required number of parking spaces per dwelling
unit on the subject property be reduced from 2.0:1 to 1.5:1.
AND, WHEREAS, Petitioner has agreed that if the McHenry
City Council ever determines that additional parking spaces are
needed at the subject property and notifies Petitioner of its
determination, Petitioner will within a reasonable time after
receipt of notice install up to forty (40) additional parking
spaces;
AND, WHEREAS, Petitioner has agreed that if Petitioner
ever sells or otherwise conveys the subject property, the
conveyancing instrument shall contain a covenant which will run
with the land and thereby bind the purchaser and his heirs and
assigns as well as subsequent purchasers to install such
additional parking spaces if.required;
NOW, THEREFORE, notwithstanding the recommendation of
the Zoning Board of Appeals, be it ordained by the City Council
of the City of McHenry, McHenry County, Illinois, that the
provisions and requirements of the Zoning Ordinance of the City
of McHenry relating to the required number of parking spaces
per dwelling unit on the subject property be and the same are
hereby varied by reducing the number of such parking spaces per
dwelling units from two parking spaces per dwelling unit to one
and one half parking spaces per dwelling, said variation being
contingent upon the absolute right of the City Council, from
time to time, to require the owner of said premises to install
such additional parking spaces, not to exceed two per dwelling
unit, as the City Council may, in its sole discretion, require.
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This variation shall be in full force and effect from
and after the 21st day of March , 1983.
PASSED this 21st day of March 1983.
AYES: Pepping, Nolan, Busse, Datz, Gelwicks, Serritella, Meurer
NAYES : Smith
ABSENT: None
APPROVED this 12st day of March , 1983.
Ile -
Mayor
ATTEST : ..i
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