HomeMy WebLinkAboutOrdinances - O-86-395 - 08/20/1986 - GRANT VARIANCE MILL CREEK APTMTS TO JANKOSTATE OF ILLINOIS)
COUNTY OF MCHENRY)
CITY OF MCHENRY )
ORDINANCE NO. 0-86-395
AN ORDINANCE VARYING THE APPLICATION OF THE PROVISIONS OF
THE: ZONING ORDINANCE OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, Petitioner, AMCORE BANK N.A. WOODSTOCK, formerly
known as FIRST NATIONAL BANK OF WOODSTOCK, 225 W. Jackson
Street, Woodstock, Illinois 60098, as Trustee under a Trust
Agreement known as Trust No. 1686, is the owner of the real
estate described in SECTION I; and
WHEREAS, AMCORE BANK N.A. WOODSTOCK, is the holder of the
entire beneficial interest in Trust No. 1686 at AMCORE BANK N.A.
WOODSTOCK; and
WHEREAS, HARRY PIERCE, 3550 N. Lake Shore Drive, Suite 1019,
Chicago, Illinois 60657, has entered into a contract to purchase
the real estate described in SECTION I from AMCORE BANK N.A.
WOODSTOCK; and
WHEREAS, FISCAL CONTROLS TRUST, an Illinois Partnership,
1851 West Galena Boulevard, Suite 210A, Aurora, Illinois 60506,
has entered into an Option Contract with HARRY PIERCE, to
purchase the real estate described in SECTION I hereof; and
WHEREAS, the Petitioner herein petitioned the Zoning Board
of Appeals for the following variation:
That Petitioner, its executors, successors, grantees,
assigns and heirs, be allowed to construct no more than nine (9)
buildings on the Subject real estate, which may not exceed two
habitable stories and which contain no more, in the aggregate,
than 168 dwelling units. However, this variation would be
expressly conditioned upon: (1) The approval by the City
Engineer of the detention basin design Plan dated July 24, 1986,
which is attached hereto and made a part hereof by reference as
Exhibit "A". (2) Construction of the detention basin in
accordance with the Plan shall commence concurrently with the
construction of the first building on the subject property and
shall be functionally complete prior to the issuance of the
building permit for the second building on the subject
property. (3) The prohibition of motor vehicle parking in the
area designated as detention on the attached engineering Plan,
and (4) A building setback line of at least 150 feet from that
part of the Southern property line of the Subject Property which
abutts property that is currently zoned single-family
residential.
BE IT ORDAINED by the Mayor and City Council of the City of
McHenry, County of McHenry, and State of Illinois:
SECTION I: That the above -described variation in the
Application of the provisions of the zoning Ordinance of the
City of McHenry, be and the same is hereby granted as to the
following described real estate so as to allow the construction
thereon of no more than nine (9) buildings which may not exceed
two habitable stories and which contain no more, in the
aggregate, than 168 dwelling units, which variation is expressly
-2-
conditioned as recited above.
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: Beginning
at the Southwest corner of the Northeast Quarter of the
Northwest Quarter of said Section 26; thence East along the
South line of the Northeast Quarter of said Northwest Quarter, a
distance of 333.00 feet; thence North along a line perpendicular
to the last described course, a distance of 122.00 feet to a
point of intersection with a line 122.00 feet North of and
parallel with the South line of said Northeast Quarter of the
Northwest Quarter; thence East along the last described parallel
line, a distance of 134.97 feet to a point of intersection with
a line 818.00 feet West of and parallel with the Westerly right
of way line of State Route 31, as shown on Highway Dedication
recorded August 11, 1927 as Document No. 79413; thence North
along the last described parallel line, a distance of 428.61
feet to an angle point; thence Northeast along a line forming an
angle of 139 degrees, 00 minutes, 00 seconds as measured to the
left of the last described course, a distance of 225.18 feet to
the Southwesterly right of way line of McCullom Lake Road;
thence Northwesterly 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 331.75 feet to a point of
tangent in said Southwesterly right of way line; thence
continuing Northwesterly along said right of way line, 438.60
feet to the intersection with the West line of the Northeast
Quarter of the Northwest Quarter of said Section 26; thence
South along said West line, 1204.04 feet to the point of
beginning, all in McHenry County, Illinois.
SECTION II: The City Council of the City of McHenry hereby
states that the proposed variation satisfies the findings of
fact required by the City of McHenry Zoning Ordinance and the
Statutes of the State of Illinois for the granting of such
variations and that:
-3-
(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 inconvenience, 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,
generally, 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
property;
(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
the property is located; and
(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 substantially diminish or impair property
values within the neighborhood.
SECTION III: That this Ordinance is passed upon the finding
of the City Council of the City of McHenry, County of McHenry
and State of Illinois, that unless there is a variation granted
in the application of the provisions of the Zoning Ordinance of
the City of McHenry to the subject property as requested, there
will be placed upon the owners practical hardships and
difficulties not common to others in the area.
SECTION IV: That the Building Commissioner is directed to
issue to the Petitioner, its executors, grantees, heirs,
successors or assigns such permit or permits for the desired
improvements as may be properly applied for.
-4-
SECTION V: That all Ordinances or parts thereof in conflict
herewith be, and the same are repealed.
SECTION VI: That this Ordinance shall be in effect from and
after its passage and approval according to law.
ATTEST:
PASSED:
APPROVED:
NUMBER VOTING AYE:
NUMBER VOTING NAY:
NUMBER ABSTAINING:
NUMBER ABSENT:
APPROVED AS TO FORM:
City Attorney
4117S/g
0323G
CITY OF MCHENRY
By:
William J Busse, Mayor
August 20, 1986
August 20, 1986
7
1
I
G
-5-