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HomeMy WebLinkAboutOrdinances - O-91-573 - 05/15/1991 - GRANT CUP AND VARIANCE RECREATIONAL BUILDING IN IR0 STATE OF ILLINOIS ) COUNTY OF McHENRY ) IN THE MATTER OF THE APPLICATION OF McHENRY STATE BANK, AS TRUSTEE UNDER A TRUST AGREEMENT DATED FEBRUARY 14, 1989, and KNOWN AS TRUST NO. 4586 and IRISH PRAIRIE, LTD. PARTNERSHIP FOR AN APPEAL FROM AN ORDER OF THE ZONING ENFORCEMENT OFFICER, OR IN THE ALTERNATIVE, FOR A CONDITIONAL USE OR USE VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS. ORDINANCE NO. 0-91-573 ORDINANCE GRANTING A USE VARIATION WHEREAS, your Petitioners, McHENRY STATE BANK, as Trustee under Trust Agreement dated February 14, 1989, and known as Trust No. 4586, and IRISH PRAIRIE, LIMITED PARTNERSHIP have filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting a use Variation of the Zoning Ordinance of the City of McHenry in regard to the following described real estate: The East 2251.31 feet of the Southeast Quarter of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian, (excepting therefrom the North 1867.0 feet, AND ALSO excepting therefrom that property described in J.B. and Clara Subdivision, being a part of Sections 2 and 3, Township 44 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded November 13, 1985 as Document No. 923371), in McHenry County, Illinois. WHEREAS, the Petition requested a use Variation on the subject premises allowing the recreational building on the premises to be used as a health club with private membership; and WHEREAS, said recreational building is located in the Irish Prairie Complex which is zoned "RM" pursuant to the City of McHenry Zoning Ordinance and is known as the SHAMROCK HEALTH b FITNESS CENTER; and WHEREAS, said building meets or will meet all applicable building code and parking regulations for a health club; 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 prescribed by Ordinance and Statute; and WHEREAS, as a result of said hearing, the taking of evidence, and the viewing of exhibits advanced thereat, a motion was made to grant the Petitioners request for the use Variation subject to the following conditions: 1) No massage parlor or salon shall be allowed on the premises; 2) The maximum hours of operation in effect shall be 5:30 a.m. until 10:30 p.m. on Mondays through Fridays and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays; 3) That there shall be no operation or rental of the inside or out- side of the facility either after or before the regular hours of operation; 4) Participation in the health club shall be based upon private membership only and not available generally to the public or available on a daily basis; 5) That the approval criteria for Variations as found on pages 376 through 377 of the Zoning Ordinance have been met; and WHEREAS, the vote of the Zoning Board of Appeals on the recommendation was three (3) Ayes, three (3) Nays and one (1) absent; and WHEREAS, the City Council has considered the recommendation of 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 ONE: That the Zoning Ordinance and Zoning Maps of the City of McHenry, and such Ordinances and such Maps as amended, be and the same are hereby amended to allow a use Variation on the above described real estate allowing the operation of a health club with private membership only at the SHAMROCK HEALTH A FITNESS CENTER located in the Irish Prairie complex subject to the following conditions: -2- 1) No massage parlor or salon shall be allowed on the premises; 2) The maximum hours of operation 1n effect shall be 5:30 a.m. until 10:30 p.m. on Mondays through Fridays and 8:00 a.m. to 5:00 p.m. on Saturdays and Sundays; 3) That there shall be no operation or rental of the inside or out- side of the facility either after or before the regular hours of operation; 4) Participation in the health club shall be based upon private membership only and not available generally to the public or available on a daily basis; 5) That the approval criteria for Variations as found on pages 376 through 377 of the Zoning Ordinance have been met; and SECTION TWO: This Ordinance shall be in full force and effect from and after its passage as by law provided. PASSED THIS 15th DAY OF May , 1991. VOTING AYE: Adams. Bolqer. Donahue, Lieder, Locke, Patterson, Serritella, Smith VOTING NAY• none ABSENT• None ABSTAINED• Nine NOT VOTING• None APPROVED THIS 15th DAY OF May 1991. ATTEST: BAR A ILPIN, City 1 -3- CITY OF MCHENR�Y- LLINOIS / // ////I By: MAY R ILLIAM BUSSE