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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- - 2 - 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 - 3 -