HomeMy WebLinkAboutOrdinances - O-87-424 - 07/06/1987 - GRANT CUP MTFPD AND VARIATION FOR NEW FACILITY 361IN THE MATTER OF THE APPLICATION OF )
THE McHENRY TOWNSHIP FIRE PROTECTION )
DISTRICT, AN ILLINOIS MUNICIPAL )
CORPORATION, FOR A CONDITIONAL USE )
PERMIT AND FOR VARIATION OF )
REGULATIONS OF THE ZONING ORDINANCE )
OF THE CITY OF McHENRY, ILLINOIS )
Before the City of McHenry,
Zoning Board of Appeals,
McHenry, Illinois
ORDINANCE NO. 0-27-424
AN ORDINANCE OF THE CITY OF McHENRY, ILLINOIS
GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS
WHEREAS, a written Petition signed by the President and Secretary
of the McHenry Township Fire Protection District, an Illinois municipal
corporation, has been filed with the City Clerk of the City of McHenry,
Illinois requesting the issuance of a conditional use permit and variations as
to front yard depth and side yard width requirements under the provisions of
the Zoning Ordinance of the City of McHenry, concerning the following
described premises:
PARCEL 1: Part of Lot 9 in Block 1 in Owen's Out -Lots to McHenry, according
to the Plat thereof recorded in the Recorder's Office in Book 59 of Deeds,
Page 265; and a part of Lots 2 and 3 of the County Clerk's Plat of the South
Half of Section 26, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded in said Recorder's Office in
Book 2 of Plats, Page 38, described as follows: Beginning on the North line
of Lot 9 of Owen's Out -Lots, aforesaid, at a point 160 feet West from the
Northeast corner thereof; thence West on a continuation of said lot line,
165.4 feet to an intersection with the Easterly meander line of the former
Borden Property; thence Southeasterly along the Easterly boundary of said
property, being on a line forming an angle of 120 degrees 17 minutes to the
left with a prolongation of the last described line, 29.15 feet; thence
Southerly along the Easterly boundary of said Borden Property being on a line
forming an angle of 29.degrees 55 minutes to the right, with a prolongation of
the last described line, 132 feet; thence Easterly on a line forming an angle
of 97 degrees 45 minutes to the left with a prolongation of the last described
line, a distance of 39.12 feet; thence Southeasterly 5 feet to a point 57.39
feet Northerly (measured at right angles) from the center line of the highway,
U.S. No. 31; thence Easterly along the Northerly right of way line of said
highway, 34.3 feet to a point 45.3 feet Northerly (measured at right angles
from the center line of said highway); thence Northeasterly along the
Northerly right of way line of said highway, being on a line forming an angle
of 15 degrees, 7 minutes to the left with a prolongation of the last described
line, a distance of 53.95 feet; thence Northeasterly on the Northerly right of
way line of said highway, being on a line forming an angle of 5 degrees 43
minutes to the left with a prolongation of the last described line, a distance
of 24.7 feet; thence Northerly on a line forming an angle of 71 degrees 48
minutes to the left with a prolongation of the last described line, a distance
of 137.7 feet to the place of beginning (excepting from said Lots 2 and 3,
that part described as follows: Commencing at the Northeest corner of Lot 9
of Owen's Out. -Lots; thence West on a continuation of said lot line, 16.37
feet to a point for a place of beginning; thence West on a continuation of
the last described line, 45.03 feet to a point on the Easterly boundary of the
former Borden Property; thence Southeasterly along the Easterly boundary of
said property being on a line forming an angle of 120 degrees and 17 minutes
to the left, with a prolongation of the last described line, 29.15 feet;
thence Southerly along the Easterly boundary of said Borden property, being on
a line forming an angle of 29 degrees 55 minutes to the right, with a
prolongation of the last described line, 132 feet; thence Easterly on a line
forming an angle of 97 degrees 45 minutes to the left, with a prolongation of
the last described line, 30 feet; thence North 152.8 feet to the place of
beginning), in McHenry County, Illinois.
ALSO
PARCEL 2: Part of Lot 3 of the County Clerk's Plat of the Southwest Quarter
of Section 26, Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the Southeast corner of a
certain tract of land conveyed by Deed Record Book 280, Page 429; thence
Easterly, being on a continuation of the Southerly line of said tract of land
conveyed as aforesaid, a distance of 9.12 feet to an intersection with the
Northerly boundary of the state highway, now known as Routes 31 and 120;
thence Westerly along the Northerly boundary of said state highway 9.32 feet,
more or less, to an intersection with the Easterly line of the aforesaid tract
of land, conveyed as aforesaid, extended Southerly; thence Northerly, 0.68 of
a foot, more or less, to the place of beginning, in McHenry County, Illinois.
ALSO
PARCEL 3: Lot 8 (except the East 150.00 feet thereof) in Block 1 in Owen's
Out -Lots to McHenry in Section 26, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof recorded October 27,
1876 in Book 59 of Deeds, Page 265, in McHenry County, Illinois.
ALSO
PARCEL 4: A part of Lot 2 of the County Clerk's Plat of the South Half of
Section 26, Township 45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded May 6, 1902, as Document No. 14084, in
Book 2 of Plats, Page 38, described as follows: Commencing at the Northwest
corner of aforesaid Lot 8 and running thence West along an extension of the
North line of said lot, 108 feet, more or less, to the edge of the Mill Pond;
thence Southerly along the edge of the Mill Pond to a point where the South
line of said Lot 8, if extended West, would intersect said edge of the Mill
Pond; thence East on a line parallel with the North line of said lot to the
Southwest corner thereof; thence North along the West line of said lot, 66
feet, more or less, to the place of beginning (except that part which may fall
within the bounds of or West of the East line of Freund Avenue, as designated
and shown on the Plat of A.P. Freund's Mill Stream Park Addition, Unit No. 1),
in McHenry County, Illinois.
ALSO
Part of the Southwest Quarter of Section 26, in Township 45 North, Range 8
East of the Third Principal Meridian, also being a part of Lot 3 of the County
Clerk's Plat and a part of Lot 9 of "Owen's Out -Lots" in the City of McHenry
in McHenry Country, Illinois, described as follows: Beginning at the Northeast
corner of Lot 9 of "Owen's Out -Lots" aforesaid; thence West on the North line
thereof 160 feet; thence South at right angles to said line 137.7 feet to an
intersection with the Northerly right of way line of the highway now known as
Route 31; thence Northeasterly along the right of way of said highway, 101.72
feet to a point of curvature; thence Northerly along the right of way line of
said highway, being on a curved line to the left (with a radius of 92.3 feet)
for a distance of 115.7 feet to a point of tangency; thence North in a
straight line 18.1 feet to the place of beginning, in McHenry County,
Illinois.
and,
WHEREAS, Petitioner, the McHenry Township Fire Protection
District, is the owner of the above described premises, and,
WHEREAS, Petitioner, McHenry Township Fire Protection District,
is requesting the issuance of a conditional use permit to construct a fire
station house with offices and is also requesting a variation from the C-5
classification permitting a minimum front yard depth of not less than one foot
on the west front yard facing Freund Avenue; a minimum front yard depth of not
less than twenty feet on the south front yard facing Elm Street; and a minimum
north side yard width of seventeen feet, and,
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on the 29th day of June, 1987, at which time the said Zoning
Board of Appeals did take evidence and view exhibits presented thereat by the
Petitioner, and,
WHEREAS, based on the evidence heard, the Zoning Board of Appeals
found, and the City Council hereby concurs with said finding, that it would
serve the interest of the City if a conditional use permit was granted for the
construction of a fire house station with offices because:
a a) Any adverse impact of types or volumes of traffic flow not
otherwise typical in the zoning district has been minimized.
b) Any adverse effects of noise, glare, odor, dust, waste
disposal, blockage of light or air, or other adverse environmental effects of
a type or degree not characteristic of Permitted Uses in the zoning district,
have been appropriately controlled.
c) The proposed use will fit harmoniously with the existing
natural or man-made character of its surrounding, and with Permitted Uses in
the zoning district. The use will not have undue deleterious effect on the
environmental quality, property values, or neighborhood character already
existing in the area or normally associated with Permitted Uses in the
district.
d) The proposed use will not require existing community
facilities or services to a degree disproportionate to that normally expected
of Permitted Uses in the district, nor general disproportionate demand for new
services or facilities, in such a way as to place undue burdens upon existing
development in the area.
e) The proposed use will not be detrimental to the safety or
health of the employees, patrons, or visitors associated with the use nor of
the general public in the vicinity.
f) The proposed use is in harmony with any other elements of
compatibility pertinent in the judgment of the Council to the particular
Conditional Use or its particular location, and,
WHEREAS, based on the evidence heard, the Zoning Board of Appeals
found, and the City Council hereby concurs with said findings, that it would
serve the interest of the City if front yard and side yard variations were
granted because:.
a) Special circumstances exist that are peculiar to the property
that do not apply generally to other properties in this zoning district. And
these circumstances are not of so general or recurrent nature as to make it
reasonably practical to provide a general regulation to cover them;
b) The special circumstances referenced herein relate to the
physical character of the building and the dimensions of the land. They do
not concern any business or activity the present or prospective owner or
tenant carries on, or seeks to carry on, therein, nor to the personal,
a business, or financial circumstances of such owner or tenant or any other
party with interest in the property;
c) The special circumstances that are the basis for a variance
have not resulted from any act of the applicant or of any other party with
interest in the property;
d) The strict application of the provisions of this Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. That a conditional use permit be granted
and issued for the construction and use of a fire house
station with offices to the property legally described above
in the City of McHenry, Illinois.
SECTION 2. That variations are granted to the property
legally described above in the City of McHenry, Illinois to
permit and establish a west front yard depth of not less
than one foot for the fire apparatus station with the office
wing of said building to have a west depth of not less than
18 feet; a south front yard depth of not less than 20 feet;
and a north side yard width of not less than 17 feet for the
structure to be built on the premises described above.
SECTION 3. That prior to its occupancy of the aforesaid
fire station house and offices, the McHenry Township Fire
Protection District shall install a 4 foot wide sidewalk
pursuant to City specifications, at the sole cost and
expense of the District, along the Westerly boundary of the
above described premises with at least 1 foot of said
sidewalk's 4 foot width being located on the District's
premises.
SECTION 4. This Ordinance shall be in full force and
effect from and after the passage, approval and publication
as provided by law.
PASSED this 6th day of July , ,1987.
AYES: Bol,jer, Lieder, McClatchey, Patterson, Busse
NAYS: Nolan, Serritella, Teta
ABSTAINED: None
ABSENT: Smi th
NOT VOTING: None
APPROVED this 6th day of July 1987.
MAY R
ATTEST:
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