HomeMy WebLinkAboutOrdinances - O-85-359 - 06/10/1985 - ZONING VARIANCE MULTI BUILDINGS ON LOT RIVERSIDE Tr
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ORDINANCE NO. 0-85-359
AN ORDINANCE
AMENDING THE ZONING ORDINANCE OF THE
CITY OF MC HENRY, ILLINOIS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MC HENRY,
ILLINOIS, as follows:
SECTION 1. That the Zoning Ordinance of the City of
McHenry, Illinois, heretofore adopted on the 4th day of February,
1985, and the Zoning Map adopted as a part thereof, be and the same
are hereby amended by permitting the variances hereafter specified
for the property described in the attached Exhibit 1, said property
now zoned under the B-3 Zoning Ordinance of the City of McHenry:
(a) To permit the construction of three additional
buildings, no one of which buildings shall exceed
7,200 square feet of enclosed area, within that
part of the property legally described as:
"Lot 2 in Riverside Terrace Phase I, being a
subdivision of part of the Northeast Quarter
of Section 26, Township 45 North, Range 8
East of the Third Principal Meridian, recorded
on March 13, 1981 as Document No. 812707 and
corrected by a Certificate of Correction recorded
on March 31, 1981 as Document 813727, all in
McHenry County, Illinois."
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(b) In the event any building to be constructed within the
property shall be used for restaurant purposes, only
one parking space shall be required for each two hundred
(200) square feet of floor space to be used for res-
taurant purposes.
SECTION 2. That each variation set forth in Section 1 hereof
is authorized upon the findings by the ZONING BOARD OF APPEALS AND
THE CITY COUNCIL that:
(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 regulations
were carried out;
(b) The conditions upon which the petition for a variation
is based are unique and would not be applicable, gen-
erally, 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 created
by any person presently having an interest in the pro-
perty;
(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
property is located;
(f) The proposed variation will not impair an adequate supply
of light and air to adjacent property, or substantially
increase 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
(g) That all other minimum requirements pertaining to the
B-3 Zoning Ordinance of the City of McHenry and uses
established thereunder will be subject to the require-
ments for the said classification as established elsewhere
in the Ordinance, except as may be specifically varied
herein.
SECTION 3. That the variances permitted hereunder are made
pursuant to the affirmative findings and recommendation of the Zoning
Board of Appeals of the City of McHenry voting upon the application,
following proper publication of notice, public hearing, and prehearing
conferences, all in accordance with the provisions of the Zoning
Ordinance.
SECTION 4. That all Ordinances, or parts thereof, in conflict
herewith be and the same hereby are repealed.
SECTION 5. That this Ordinance shall be in effect from and
after its passage and approval, according to law.
PASSED this loth day of
June , 1985.
IWAM
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS: None
ABSENT: None
APPROVED this loth day of June , 1985.
ATTEST:
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