HomeMy WebLinkAboutOrdinances - O-84-329 - 02/20/1984 - GRANT VARIANCE ALEXANDER LUMBERORDINANCE NO. 0-84-329
STATE OF ILLINOIS )
COUNTY OF McHENRY ) SS.
CITY OF McHENRY )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS
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 Appeals of the City pursuant to a
Petition to hold a public hearing thereon; AND
WHEREAS, notice as required by said Zoning Ordinance,
was published fixing the date of the hearing on said Petition, and
the necessary notices were given to adjoining and abutting property
owners; AND
WHEREAS, a hearing was had on said Petition on the
26th day of January, 1984, at the hour of 7:30 P.M.; 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 application
of the strict letter of the Zoning Ordinance to the property in queE-
tion:
NOW, THEREFORE, BE IT ORDAINED by the MAYOR and CITY
COUNCIL of the City of McHenry, County of McHenry and State of
Illinois, THAT:
SECTION 1: The City Council expressly finds:
(a) Due to the particular surroundings of the subject
property, as well as the geographic location of the subject property
and the related uses of properties in the immediate area of the
subject property, particular and undue hardships would result if the
strict letter of the regulations were carried out and ALEXANDER
LUMBER COMPANY not be allowed a variation as requested for the addi-
tional uses.
(b) The conditions upon which the Petition for Variation
is based are unique and would not be applicable generally to other
properties 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 although the
Petitioners hope that if the variation is granted the additional
variation will be economically profitable as well as provide ser-
vices to the community.
(d) That the difficulty or hardship has not been created
by any person presently having an interest in the property, but is
more a result of the overlapping uses incidental to lumber yards
requiring not only storage areas as provided for in the industrial
zoning classification but also retail sales as provided for in
business classifications.
(e) The granting of the variation will not be materially
detrimental to the public welfare or injurious to other property
for improvements in the neighborhood in which the property is lo-
cated.
(f) The proposed variation will not impair an adequate
supply of light and air to adjacent property, or substantially
increase the danger of fire or endanger the public safety or sub-
stantially 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 said Zoning Ordin-
ance prohibiting the subject property to be used for the storage of
lumber and building materials and their related items would impose a
practical difficulty and hardship on ALEXANDER LUMBER COMPANY which
was not intended and which is not commmon to other property owners
in the area.
SECTION 3. The application of the Amended Zoning Ordinance
of the City of McHenry, is hereby varied to permit ALEXANDER LUMBER
COMPANY to use the subject property for the storage of lumber and
building materials and their related items. The property to which
this variation is applicable is located approximately 132 feet west
of Front Street on the south side of John Street and is legally de-
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f
scribed as follows:
PARCEL 1: Sub -lots 2 and 3 of Lot 2 and Sub -lots 2
and 3 of Lot 3 of the County Clerk's Plat of Block
13 of the Original Plat of West McHenry, being a
part of the Southwest Quarter of Section 26 and the
Northwest Quarter of Section 35, Township 45 North.,
Range 8 East of the Third Principal Meridian, accor-
ding to the Plat thereof recorded May 6, 1902 as
Document No. 14086 in Book 2 of Plats, page 39, in
McHenry County, Illinois; ALSO
PARCEL 2: Part of Out -Lot 1, described as follows:
Beginning at the most Northerly Corner of said Sub -
Lot 3 of Lot 3 and running thence Westerly along the
Southerly line of John Street, 15 feet, more of leSS,
to the Northeasterly Corner of a piece of land con-
veyed by Charles B. Harmsen and wife to the Chicago
and Northwestern Railway Company by Deed dated Septem-
ber 17, 1909 and recorded in said Recorder's Office
in Book 129 of Deeds, Page 347;thence Southeasterly along
the Easterly line of said piece of land so conveyed to
the most Westerly Corner of said Sub -Lot 3 of Lot 3;
thence Northeasterly along the Westerly line of said
Sub -Lot 3 of Lot 3 to the place of beginning; also be-
ginning at the most Westerly Corner of said Sub -Lot 3
of Lot 2 and running thence Southwesterly parallel
with the Easterly line of said Sub -Lot 3 of Lot 2, 25.5
feet to the Northerly line of James Street; thence
Southeasterly along said Northerly line of James Street
to a point 10.6 feet Westerly from the most Westerly
Corner of said Sub -Lot 2 of Lot 2; thence Northeasterly
parallel with the Easterly line of said Sub -Lot 3 of
Lot 2, 25.5 feet; thence Westerly 57 feet to the place
of beginning, in the County Clerk's Plat of Block 13
of the Original Plat of West McHenry, being a part of
the Southwest Quarter of Section 26 and the Northwest
Quarter of Section 35, Township 45 North, Range 8 East
of the Third Principal Meridian, according to the Plat
thereof recorded May 6, 1902 as Document No. 14086 in
Book 2 of Plats, page 39, in McHenry County, Illinois.
SECTION 4: That all ordinances or parts thereof in
conflict 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 pur-
suant to laws.
PASSED this 20th day of February, 1984.
AYES: Bolger, Datz, Busse, Nolan, Smith, McClatchey, Serritella, Snell
NAYES : None
ABSENT: None
Approved this 20th day of February, 1984.
yor,City of McHenry
Attest: I '
City Clerk
City of McHenry
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