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HomeMy WebLinkAboutOrdinances - O-91-574 - 05/29/1991 - GRANT CUP AND VARIANCE HOME STATE BANK IN MCH CORPORDINANCE N0, 0-91-574 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A FINANCIAL INSTITUTION WITH DRIVE -UP FACILITIES AND AUTOMATIC TELLER MACHINES AND AMENDING THE MCHENRY ZONING ORDINANCE TO ALLOW A VARIATION FROM THE SIDE AND REAR YARD BUILDING SETBACK LINES IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, MCHENRY CORPORATE CENTER, INC., an Illinois Corporation, and HOME STATE BANK/N.A., a National Banking Association, petitioned the City of McHenry Zoning Board of Appeals for the following: A. A conditional use permit to allow the operation of a financial institution with drive -up facilities and automatic teller machines, and B. A variance from the west side and rear yard building setback requirements in order to allow the construcion of a temporary trailer banking facility, all on the property legally described as follows: Lot 25 in McHenry Corporate Center Unit One, a Subdivision of part of the Northeast Quarter and part of the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 6, 1989, as Document No. 69R033780, in McHenry County, Illinois; also, part of Lot 24 of said McHenry Corporate Center Unit One described as follows: Beginning at the southeast corner of said Lot 25; thence South 27.201250 West, along the westerly right-of-way line of Illinois State Route 31, a distance of 35.12 feet; thence North 890481020 west, 320.00 feet; thence North 00*561170 East, 274.99 feet to a point on the southerly right-of- way line of Prime Parkway; thence Easterly, along a non -tangent curve, concave southerly and having a radius of 670.00 feet, a distance of 50.25 feet; thence South 00*56117" West, along the west line of said Lot 25, a distance of 245.00 feet to the southwest corner thereof; thence South 89.48102" East, along the south line of said Lot 25, a distance of 285.41 feet to the point of beginning. All being situated in the City of McHenry, McHenry County, Illinois. WHEREAS, a public hearing was held before the McHenry Zoning Board of Appeals as required by law, after due notice in the manner required by law, and WHEREAS, the Zoning Board of Appeals, after deliberation, has made a report and recommended the granting of said variation and conditional use, and WHEREAS, the findings and recommendations of the Zoning Board of Appeals on the question of issuing a conditional use permit for the parcel described in Section 1 are hereby accepted, and WHEREAS, the City Council hereby expressly finds that the proposed conditional use will be compatible with the uses in the area and the permitted uses in the zoning district in the following ways: A. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. B. Any adverse affects 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 surroundings and with permitted uses in the zoning district. The use will not have undue deleterious affect 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 generate disproportionate 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 capability pertinent in the judgment of the counsel to the particular conditional use or its particular location, and WHEREAS, the City Council hereby expressly finds that all of the following conditions apply to Petitioner's Application for the proposed variances: 2 A. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. These circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. B. The special circumstances relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions. 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, 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 would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. E. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. F. The grant of a variance is necessary, not because it will increase the applicant's economic return, although it may have this effect, but because without a variance, the applicant will be deprived of any reasonable use or enjoyment of the property. G. The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. H. The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. I. The variance recommended by the Board of Apemis and approved by the City Council is the minimum required to provide the Petitioner with reasonable use and enjoyment of its property. �J NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: That a conditional use permit to allow a financial institution with drive -up facilities and automatic teller machines is hereby granted for the property legally described as follows: Lot 25 in McHenry Corporate Center Unit One, a Subdivision of part of the Northeast Quarter and part of the Northwest Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 6, 1989, as Document No..89R033780, in McHenry County, Illinois; also, part of Lot 24 of said McHenry Corporate Center Unit One described as follows: Beginning at the southeast corner of said Lot 25; thence South 27.2012511 West, along the westerly right-of-way line of Illinois State Route 31, a distance of 35.12 feet; thence North 89048102/1 west, 320.00 feet; thence North 00'56117" East, 274.99 feet to a point on the southerly right-of- way line of Prime Parkway; thence Easterly, along a non -tangent curve, concave southerly and having a radius of 670.00 feet, a distance of 50.25 feet; thence South 00*5611711 West, along the west line of said Lot 25, a distance of 245.00 feet to the southwest corner thereof; thence South 89.4810211 East, along the south line of said Lot 25, a distance of 285.41 feet to the point of beginning. All being situated in the City of McHenry, McHenry County, Illinois. SECTION 2: That in order to facilitate the construction and occupancy of a temporary banking facility on the subject premises, the following rear and west side yard building setback requirements of the City of McHenry Zoning Ordinance are hereby granted: A. The west side yard building setback shall be varied to permit the construction of the temporary banking facility no closer than ten (10) feet to the west property line. B. The rear yard building setback shall be varied to permit the construction of the temporary banking facility no closer than ten (10) feet to the south property line. SECTION 3: The variation granted in Section 2 is subject to the following conditions: 4 A. The terms and conditions of that certain Annexation Agreement made and entered into the 19th day of July, 1989, by and between the City of McHenry, a Municipal Corporation, in the State of Illinois, and Cosmopolitan National Bank of Chicago, as Trustee under Trust No. 28571, and not personally, 801 North Clark Street, Chicago, Illinois 60610, Midwest Properties Limited Partnership, 2640 West Touhy Avenue, Chicago, Illinois 60645, Midwest Construction Co., Inc., an Illinois Corporation, 2640 West Touhy Avenue, Chicago, Illinois 60645, McHenry Corporate Center, Inc., an Illinois Corporation, 4105 Crystal Lake Road, McHenry, Illinois 60050, and Prime Development Corp., 4105 Crystal Lake Road, McHenry, Illinois 60050, an Illinois Corporation, shall be complied with. B. The temporary banking facility shall be located on the property described in Section 1 as provided in the Tentative Site Plan dated May 6, 1991, which is attached hereto and made part hereof. C. Prior to occupancy of - the temporary banking facility, sufficient pavement and curbing shall be provided in order to allow reasonable use and access of the facility. D. The occupancy permit for the temporary banking facility shall terminate upon issuance of an occupancy permit for any other building on the zoning property described in Section 1. E. The variation granted in Section 4 above shall terminate no later than two (2) years from the date of the effective date of this Ordinance. F. Petitioners shall have three (3) months from the termination of the occupancy permit in order to remove the temporary banking facility from the above -described property. SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. 5 SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized as provided by law). PASSED this 29thday of May, 1991. AYES: Adams, Bolger, Donahue, Lieder, Locke, Patterson, Serritella, Smith NAYS: None ABSENT: None NOT VOTING: None ABSTAINED: None APPROVED this 29th day of May, 1991. -6-