HomeMy WebLinkAboutOrdinances - O-88-442 - 02/10/1988 - GRANT VARIANCE CUNATS 9 BLDGS ON LOTRECEIVED
DIAMOND, LESUEUR,
ROTH B, ASSOCIATES
ATTORNEYS
3431 W ELM STREET
McHENRY. ILLINOIS
615-365-6840
0-88-442 C�co)--"
IN THE MATTER OF THE APPLICATION OF )
THE McHENRY STATE BANK, AS TRUSTEE ) Z 0 N I N G
UNDER TRUST NO. 4169, BRIAN CUNAT AND )
JOHN CUNAT, FOR A VARIATION OF THE ) O R D I N A N C E
ZONING ORDINANCE OF THE CITY OF )
McHENRY, McHENRY COUNTY, ILLINOIS. )
ORDINANCE GRANTING A VARIATION
FEB $ 1gn
CITY- 9F WENBY
WHEREAS, your Petitioners, THE McHENRY STATE BANK, as trustee under Trust
No. 4169, BRIAN CUNAT and JOHN CUNAT, have filed a Petition with the Zoning
Board of Appeals of the City of McHenry requesting a variation of the Zoning
Ordinance of the City of McHenry, and such ordinance as amended, in regard to
the following described real estate:
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.
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DIAMOND & LESUEUR,
ASSOCIATES
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
615-365-6640
WHEREAS, the Petition requests a variation on the subject property
allowing the construction of not more than nine (9) buildings subject to spe-
cified conditions; and
WHEREAS, a hearing on said Petition was held before the Zoning Board of
Appeals of the City of McHenry in the manner and the form as prescribed by
Ordinance and Statute; and
WHEREAS, as a result of said hearing, the taking of evidence, and the
viewing of exhibits advanced thereat, the Zoning Board of Appeals of the City
of McHenry did recommend to the City Council of the City of McHenry the
granting of the requested variation allowing the construction of not more tha
nine (9) buildings on the subject property, subject to the following
restrictions:
(a) The implementation of the detention basin plan dated July 24,
1986, a copy having been filed with the City and previously
approved by the City in the Zoning Variation granted in
Ordinance No. 0-86-395, passed and approved August 20, 1986.
(b) The 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 functionall
complete prior to the issuance of the building permit on the
second building for the subject property.
(c) There shall be a prohibition of motor vehicle parking in the
area designated as detention on the attached engineering plan.
(d) There shall be a building setback line of at least two hundred
(200) feet from that part of the Southern property line of the
subject property which abuts property currently zoned
Single -Family Residential.
WHEREAS, pursuant to the present zoning on the subject premises, up to 20
units may be constructed in one building; and
WHEREAS, the above described variation shall permit the same number of
units presently allowed on the subject premises (207 units) to be constructed
in not more than 9 buildings); and
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DIAMOND $ LESUEUR,
ASSOCIATES
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
615-385-6640
WHEREAS, the Zoning Board of Appeals and the City Council have each made
the findings that the approval criteria for variance as provided for by the
City of McHenry Zoning Ordinance, Table 32, and by Statute have been met; and
WHEREAS, the City Council has considered the recommendation as submitted
by the ironing Board of Appeals.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry
McHenry County, Illinois as follows:
SECTION 1: That the Zoning Ordinance and the Zoning Maps of the City of
McHenry., and such Ordinance and such Maps as amended, be and the same are
hereby amended to allow a variance on the above described real estate for the
construction of not more than nine (9) buildings with up to not more than 207
units, subject to the following conditions:
(a) The implementation of the detention basin plan dated July 24,
1986, a copy having been filed with the City and previously
approved by the City in the Zoning Variation granted in
Ordinance No. 0-86-395, passed and approved August 20, 1986.
(b) The 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 functionall
complete prior to the issuance of the building permit on the
second building for the subject property.
(c) There shall be a prohibition of motor vehicle parking in the
area designated as detention on the attached engineering plan.
(d) There shall be a building setback line of at least two hundred
(200) feet from that part of the Southern property line of the
subject property which abuts property currently zoned
Single -Family Residential.
SECTION 2: This Ordinance shall be in full force and effect from and
after its passage as by law provided.
PASSED THIS 1CL DAY OF F hruary , 1988•
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VOTING AYE: Bolger, Nolan, Lieder, Teta, McClatchey, Serritella.
VOTING NAY: Patterson.
ABSENT: Smith.
ABSTAINED: None.
NOT VOTING: None.
ATTEST:
DIAMOND a LESUEUR,
ASSocIATES
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
6 1 5-366-6640
APPROVED this 10 th day of February , 1988.
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CITY OF McHENRY, ILLINOIS
By:a