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:
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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:
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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.
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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.
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