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HomeMy WebLinkAboutOrdinances - O-89-511 - 09/13/1989 - GRANT VARIANCES AMER NATL BANK LEISURE TECHNOLOGYSTATE OF ILLINOIS ) COUNTY OF MCHENRY ) SS CITY OF MCHENRY ) IN THE MATTER OF THE APPLICATION OF AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUSTEE UNDER TRUST NO. 40362, UNDER THE DIRECTION OF ITS BENEFICIARIES, CHARLES J. SAPORITO, JR., JOSEPHINE SAPORITO, JAMES MIRABILE, AND PHILLIP GROSSMAN EACH AS TO AN UNDIVIDED TWENTY-FIVE (25%) PERCENT INTEREST THEREIN and LEISURE TECHNOLOGY MIDWEST, INC., FOR VARIANCES OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS ?N,,�_ OAKS ORDINANCE NO. 0-89-511 ORDINANCE GRANTING VARIANCES OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY WHEREAS, your Petitioners, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 40362, under the direction of its beneficiaries, CHARLES J. SAPORITO, JR., JOSEPHINE SAPORITO, JAMES MIRABILE and PHILLIP GROSSMAN, each being the owner of an undivided twenty five percent (25%) interest therein and Leisure Technology Midwest, Inc. I filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting variances of the Zoning Ordinance of the City of McHenry (the "Zoning Ordinance") in regard to the property (the "Property") legally described in Exhibit A attached hereto and incorporated herein; WHEREAS, the Petition requests that the following zoning variances be granted with respect to the Property, as provided for in Article XV of the Zoning Ordinance; (a) Variance to Article III, Section G to allow for the development of multiple buildings on a single platted lot comprising the Property, as shown on the Site Plan prepared by Johnston and Associates, dated March 14, 1989; and (b) Variance to the Article IV, Table 4, Residential District Requirement of a minimum "Front Yard" depth, as defined in the Zoning Ordinance , of thirty (30) feet in the RA-1, Attached Residence District, to allow for Front Yard depths of fifteen (15) feet for the buildings numbered 1, 6, 7, 81 12, 15, 25, 29 and 32 as depicted on the Site Plan prepared by Johnston and Associates, dated March 14, 1989; 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; 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 above -referenced variances; WHEREAS, the Zoning Board of Appeals and the City Council have each made the findings► that the Approval Criteria for Variances (pages 376 -377 of the Zoning Ordinance) have been met; and WHEREAS, the City Council has considered the recommendations as submitted by the Zoning 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 tho same are hereby amended to provide for: (a) Variance to Article III, Section G to allow for the development of multiple buildings on a single platted lot comprising the Property, as shown on the Site Plan prepared by Johnston and Associates, dated March 14, 1989; and (b) Variance to the Article IV, Table 4 Residential District Requirement of a minimum "Front Yard" depth, as defined in the Zoning Ordinance of the City of McHenry, of thirty (30) feet in the RA-1, Attached Residence District, to allow for Front -2- Yard depths of fifteen (15) feet for the buildings numbered 1, 6, 7, 8, 12, 159 25, 29 and 32 as depicted on the Site Plan prepared by Johnston and Associates, dated March 14, 1989. SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED this 13th day of Septemberl989. AYES: Bolger, Donahue, Lieder, MCrIatchey, Patterson, Serritella, Smith NAYS: None ABSENT: Teta NOT VOTING: None ABSTAINED: None APPROVED this 13th day of Septembe►198g, / /1, 1 n >�mayor -3- EXHIBIT A That part of the Northeast Quarter of section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the East line of the Northeast Quarter of said Section 26, said point being 950.51 feet Southerly of the Northeast corner of the Northeast Quarter of said Section 26,.as measured along said East line thereof, said Last line having a bearing of South 00 degrees, 24 minutes, 53 seconds last; thence South 00 degrees, 24 minutes, 53 seconds West along said East line of said Northeast Quarter of said Section 26, a distance of $5.22 feet to a point which is 193.00 feet Northerly of the Northeast corner of S. H. Freund's Subdivision, according to the Plat thereof recorded August 12, 1952 as Document No. 256186, in Book 11 of Plats, page 59, as measured along said East line of the Northeast Quarter of said Section 26; thence North 89 degrees, 40 minutes, 31 seconds West along a line parallel to the North line of said S. H. Freund's Subdivision, a distance of 360.26 feet; thence South 00 degrees, 24 minutes, 53 seconds West along a line parallel to said East line of the Northeast Quarter of Section 26, a distance of 293.00 test; thence South 67 degrees, 13 minutes, 31 seconds Last, for a distance of 216.05 feet to the Southwesterly corner of Lot i of said S. X. Freund's Subdivision; thence south 22 degrees. 45 minutes, 29 seconds West along said North- westerly line of S. H. •reund's subdivision, a distance of 400.00 feet to the Northwesterly corner of Lot 6 in said S. H. trtundle lubdivi- olon; thence North 67 degrees, 13 minutes, 31 seconds Most along the Northerly extension of the Northeasterly line of said Lot 6 in S. X. Freund's Subdivision, a distance of 132.00 feet; thence South 22 degrees, 46 minutes, 29 seconds west along a line parallel to the Northwesterly line of the Southwesterly extension of the Northwesterly line of S. R. Freund's Subdivision, a distance of 190.07 feet; thence North 67 degrees, 25 minutes. 27 seconds West, a distance of 207.57 feet to the Northeast corner of Lot VIn County Clerk's Plat of the North Balf of said Section 26; thence South 69 degrees, 00 minutes, 26 seconds West along the North line of Lots 7 and S in said County Clerk's Plat of the North Half of said Section 26 and along the North line of Dr. C. H. Tegers Addition to the Village of McHenry, recorded October 17, 1895 as Document No. 16171, a distance of 953.77 feet; thence North 00 degrees. 03 minutes, 49 seconds Rest, a distance of 519.16 feet to a point on the Southerly right of way of McCullom Lake Road; thence along the Southerly line of Mccullon Lake Road, on a curve to the left, having a radius of 666.55 feet, an arc length of 200.31 feet, (the chord of Mhich bears North 69 degrees, 4• minutes, 16 seconds Last), to a point of tangency; thence tangent to the last de- scribed curve North 61 degrees, 11 ainutes, 44 seconds Last, a distance of 34.00 feet to a point of curvature; thence tangent to the last de- scribed line along a curve to the right, having a radius of 732.42 feet, an arc length of 371.11 feet, (the chord of which bears North 75 degrees, 42 minutes, 44 seconds last), to a point of tangency; thence tangent to the Iast described curve, South 89 degrees, 46 minutes, 16 seconds East, a distance of 239.83 feet to a point of curvature; thence tangent to the last described line along a curve to the left, having a radius of 2265.12 feet, an arc length. of 409.s4 feet, (the chord of which bears North $0 degrees, 19 minutes, 19 seconds last), to a point of reverse twmaturs; thence along said reverse curve to the right, having a radius of 2037.54 feet, an arc length of 862.17 feet, (the chord of which bears Borth SO degrees, 24 minutes, 54 seconds last), to a point of tangency; thence tangent to the last described curve, South •1 degrees, 38 minutes, 06 seconds last, a distance of 35.32 feet to a point of curvature; thence tangent to the last described curve to the tight, having a radius of 26.00 feet. an are length of 39.27 feet, (the chord of which bears South 44 degrees, 35 ainutes, 06 soeoads Bast); thence South as degrees, IS ainutes, 07 seconds last, a distance of 40.00 lest to the point of beginning. in Mellon" County. Illinois. ALSO The North 20 feet and the Nest 30 feet, except the North 20 feet thereof, of the following described parcel: That part of the Northeast Quarter of Section 26, Township 45 North, Range ! last of the Third Principal Meridian, described as follows: Commencing at the in- tersection of the last line of the Northeast Quarter of said Section 26, with the North line of S. 1. lreund's Subdivision, according to the Plat thereof recorded August 11, 1932 as Doewwnt No. 256137, in book 11 of Plats, page 59; thence Westerly along the North line of said Sub- division, 236.5 feet to the Northwesterly corner of said Subdivision; thence Southwesterly along said Subdivision, 69.40 feet to the Northerly line of Hillside Drive; thence Northwesterly on the Northerly line of Hillside Drive, as extended, 216.05 feet, •ore or less, to Its Intersection with the Northerly line of aforesaid Subdivision, as extended Westerly; thence North on a line parallel with the East line of the Northeast Quarter of said Section 26, a distance of 193 feet; thence line and the North line extended of said Subdivision, a distance of 368.26 feet to a point on the East line of the Northeast Quarter of said Section 26, which point Is 193 feet North of the place of begin- ning; thence South along said East line, a distance of 193 feet to the place of beginning, in McHenry County, Illinois.