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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: Lilq i i'1 �� /i