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HomeMy WebLinkAboutOrdinances - O-85-369 - 07/31/1985 - GRANT VARIANCE BLDG HT NIMCORDINANCE NUMBER 0-85-369 STATE OF ILLINOIS ) COUNTY OF MCHENRY ) SS. CITY OF MCHENRY ) RECEIVED JUN 2 81985 OITY OF MCHENRY AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the question of granting the building height variation, hereinafter provided for, to the presently existing building on the real estate described in the attached Exhibit A, 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 public hearing was had on said Petition on the Wt+lday of UL , 1985, at the hours of 3.00pM ; .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 question. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the City of McHenry, located in the County of McHenry and State of Illinois, THAT: SECTION 1. As to the Petitioners' request to the City to grant the height variations (hereinafter described) to the presently existing building on the subject property described in the attached Exhibit A, 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 if MCHENRY HEALTHCARE FOUNDATION, as owner and contract seller, and LEE F. SUTLIFFE & ASSOCIATES, INC., as contract purchaser and proposed operator, were not allowed a variation to increase the height of the existing three-story hospital building located on the property in question by an additional two (2) stories to a maximum height of not to exceed sixty-two (62) feet for use as an adult congregate care facility. (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 Petitioner hopes that if the variation is granted the additional variation will be economically profitable as well as provide services to the community. (d) That the difficulty or hardship has not bee created 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 for improvements in the neighborhood in which the property is located. (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 health, safety, welfare and morals or substantially diminish or impair property values within the neighborhood. SECTION 2. As a result of the foregoing findings, the City Council hereby determines that enforcement of said Zoning Ordinance prohibiting the height of the presently existing buildings on the Subject Property from being altered or modified would impose a practical difficulty and hardship on MCHENRY HEALTHCARE FOUNDATION and LEE F. SUTLIFFE & ASSOCIATES, INC., which was not intended and which is not common 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 MCHENRY HEALTHCARE FOUNDATION and LEE F. SUTLIFFE & ASSOCIATES, INC., to increase the height of the presently existing three-story hospital building located on the real estate described in the attached Exhibit A by an addi- tional two (2) stories to a maximum height of not to exceed sixty-two (62) feet as set forth in the Petition submitted in this matter by MCHENRY HEALTHCARE FOUNDATION and LEE F. SUTLIFFE & ASSOCIATES, INC. 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 pursuant to laws. PASSED this 31st day of July , 1985 AYES• Bolger, McClatchey, Nolan, Serritella, Smith, Snell, Teta NAYES : None ABSENT: Lieder ABSTAINED: None NOT VOTING: None Approved this 31stday of July 1985. 7 Mayor, City f McHenry Attest: City Clerk City of McHenry EXHIBIT,i - PARr,L A LOT 1 IN BLOCK 2 IN VENICE PARR ADDITION TO MCHENRY, UNIT N0. 1, A SUB. DIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26 AND PART OF THE NORTHEAST FRACTIONAL. QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIANN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941, AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS, PAGE 68, EXCEPT THAT PART OF SAID LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF BOONE LAGOON WITH THE WESTERLY LINE OF SAID LOT 1 AND RUNNING THENCE SOUTH 28 DEGREES AND 31 MINUTES WEST ON THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 48.41 FEET TO A POINT; THENCE SOUTHEASTERLY ON A LINE FORMING AN ANGLE OF 106 DEGREES AND 38 MINUTES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 31.97 FEET TO A POINT; THENCE NORTHEASTERLY ON A LINE FORMING AN ANGLE OF 83 DEGREES, 35 MINUTES AND 50 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 43.17 FEET TO THE SOUTHERLY LINE OF SAID BOONE LAGOON; THENCE NORTHWESTERLY ON THE SOUTHERLY LINE OF SAID BOONE LAGOON FOR A DISTANCE OF 23 FEET TO THE PLACE OF BEGINNING. ALSO THAT PART OF LOTS 2 TO 9, INCLUSIVE, IN BLOCK 2 AND LOTS 1'TO 4, INCLUSIVE, IN BLOCK 3 IN VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, AFORESAID, LYING WESTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 3, AFORESAID, ALSO THAT PART OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE 3RD PRINCIPAL MERIDIAN, AND THAT PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 45 WORTH, RANGE 8, EAST OF THE 3RD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 35, AFORESAID; THENCE NORTH 32-3/4 DEGREES EAST, 68.0 FEET TO THE INTERSECTION OF THE NORTHERLY LINE OF WAUKEGAN ROAD WITH THE EAST LINE OF GREEN STREET; THENCE SOUTH 70-3/4 DEGREES EAST ALONG SAID NORTHERLY LINE OF WAUKEGAN ROAD, 188.0 FEET TO A POINT FOR A PLACE OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE: NORTH 19-1/4 DEGREES EAST, 134.18 FEET TO THE SOUTHERLY LINE OF PRIVATE LANE NO. 1 AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, AFORESAID; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE OF PRIVATE LANE NO. 1, 209.50 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SATD LOT 3, 132.60 FEET TO THE SOUTW. EST COF.NER OF SAID LOT 1; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF WAUKEGAN ROAD 217.67 FEET TO THE PLACE OF BEGINNING, ALSO ALL THAT PART OF PRIVATE LANE NO. 1 AS SHOWN ON THE PLAT- OF VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1 A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26 AND PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, TOWNSHIP 45"NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO 7HE PLAT THEREOF RECORDED FEBRUARY 25, 1941, AS DOCUMENTr NO. 152920, IN BOOK 7 OF PLATS, PAGE 68, LYING SOUTH- EASTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID PRIVATE LANE NO. 1 FROM A POINT ON SAID NORTHERLY LINE, 44.43 FEET SOUTHEASTERLY, JkS MEASURED ALONG SAID NORTHERLY LINE OF PRIVATE LANE NO. 1 OF THE SOUTHWEST CORNER OF LOT 1 IN SAID VENICE PARK ADDITION TO MCHENRY, UNIT NO 1, AND LYING WESTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF LOT 4 IN BLOCK 3 IN VENICE PARK ADDITION TO MCHENRY N0. 1, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE OF LOT 1, 10.0 FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 4, ALL IN MCHENRY COUNTY, EXHIBIT I - PARC B THAT PART OF LOT 5 IN COUNTY CLERK'S PLAT OF THE NORTH HALF OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT S, LOCATED 150.0 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 0 DEGREES, 27 MINUTES, 57 SECONDS EAST, 226.57 FEET; THENCE NORTH 74 DEGREES, 42 MINUTES, 4S SECONDS EAST, 298.64 FEET; THENCE NORTH 90 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG THE SOUTH LINE OF A PRIVATE LANE (AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO MC HENRY, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25„ 1941 AS DOCUMENT NO. 152920 IN MC HENRY COUNTY, ILLINOIS) 12'.42 FEET; THENCE SOUTH 0 DEGREES, 27 MINUTES, 54 -SECONDS WEST, 298.21 FEET; THENCE SOUTH 88 DEGREES, 38 MINUTES, 37 SECONDS WEST, 300.00 FEET TO THE Pt.ACE OF BEGINNING, IN MC HENRY COUNTY, ILLINOIS. ALSO THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NOTHEAST CORNER OF SAID NORTHWEST QUARTER; AND RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 589.38 FEET TO THE PLACE OF BEGINNING; THENCE WEST PARALLEL WITH%,.THE SECTION LINE, 495 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35, 150 FEET; THENCE EAST PARALLEL WITH THE SECTION LINE TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, AFORESAID; THENCE SOUTH ALOG SAID FEETETOTTHENE OF PLACETHE NORTHWEST OF BEGINNING,QINRMCROF HENRYHCOUNTYF, 1 EAST QUARTER, 1 ILLINOIS. ALSO THAT PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE 3RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; NG AT THE NORTHEAST CORNER OF LOT 5 IN BLOCK 3 IN VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, AFORESAID; THENCE SOUTH 76 DEGREES 33 MINUTES SAID EAST ALONG THE SOUTHERLY LINE OF PRIVATE LANE NO. 1 AS SHOVN ON THE 134.54 PLAT OF VENI=E PARK ADDITION TO MCHENRY, UNIT NO. 1, FEET TO AN ANGLE POINT IN SAID SOUTHERLY LINE; THENCE SOUTHEESTERLY ALONG A STRAIGHT LINE (BEING ALSO THE NORTHWESTERLY LINE OF LAND CONVEYED TO THE CITY OF MCHENRY BY WARRANTY DEED RECORDED JULY 19, 1935 AS DOCUMENT NO. 1162S3) TO A POINT ON THE NORTHERLY LINE OF WAUKEGAN ROAD, 19.80 FEET SOUTHEASTERLY OF THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NOR 5: ALONG SAIDNORTHERLY SAID I.OTY5LINE OF THENCEWNORTHEEASTERLYAN ROAD l9-80 ALONG FEET TO THE SOUTHEAST CORNER THE EASTERLY LINE OF SAID LOT SATO THE PLACE OF BEGINNING, THAT PART OF LOTS 9 TO 151 INCLUSIVE, XM XX2RXR3<4iRxXX=R�XA� iLX3IT1Z1�LYX16AX:QX IN BLOC 2 AND LOTS 4 AND 5, IN Txzxzxzrzmm BLOCK 3 IN VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, AFORESAID, AT RIGHT TO THE LYING EASTERLY OF A 3r, AFORESAID,FROMANGLES A PPOISOUTHERLY POINT ON SAID LINE OF SAID LOT 4 IN BLOCK ID SOUTHERLY LINE, 10.0 FEET, CORNE�RAOFRED LOT�ONG IN BAL�KS3UTAFORESAIDLINE, WESTERLY OF TEE SOUTHEAST PARCEL B continue. ALSO ALL TRAT PART OF PRIVATE LANE NO. 1 AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1 A SUBDIVISION OF PART OF THE SOUTHZAST FRACTIONAL QUARTER OF SECTION 26 AND PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941, AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS, PAGE 68, LYING EASTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 3, AFORESAID, AND LYING NORTH- WESTERLY OF THE NORTHWESTERLY LINE OF LAND CONVEYED TO THE CITY OF MCHENRY BY WARRANTY DEED RECORDED JULY 18, 1935 AS DOCUMENT NO. 116253, ALL IN MCRENRY COUNTY, ILLINOIS.