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HomeMy WebLinkAboutOrdinances - O-92-613 - 11/18/1992 - GRANT USE VARIANCE AND PARKING VARIANCELAviN —Sf/AM(�oeK CLEAN�S'�t:.<4J y?4Lo W •ELM 0-9?-613 FEB 1 91993 AN ORDINANCE GRANTING A USE VARIANCE AND PARKING VARI CE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION I: That a use variance to allow in-house processing for dry-cleaners and a parking variance to require a) not more than nine (9) on -site parking spaces, including one handicapped accessible, three (3) of which will be non -conforming parallel spaces on the east side of the building and, at the option of the petitioner, to move the sidewalk along Meadow Lane, at petitioner's expense within one (1) year to accommodate perpendicular parking spaces, b) leaving both existing entrances and exits to Meadow Lane open, and c) the parkway restored to the satisfaction of the City, under the provisions of the City of McHenry Zoning Ordinance be and is hereby granted for the subject real estate in the City of McHenry, to wit: Lot 1 in Block 21 in Lakeland Park Unit No. 2, being a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded December 12, 1952 as Document No. 260030 in McHenry County, Illinois also that part of Lot 2 in Block 21 in Lakeland Park Unit No. 2, being a Subdivision of part of the Northwest Quarter and part of the Southwest Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded in the Recorder's Office on December 12, 1952 as Document No. 260030, described as follows: Commencing at the most Northerly corner of and existing concrete block building situated on Lot 1 in Block 21 aforesaid: said most Northerly corner being located 2.95 feet Southwesterly from the Northerly line of said Lot 1 and 1.15 feet Southeasterly from the Westerly line of said Lot 1: thence Southwesterly on the Northwesterly line of said concrete block building for a distance of 7.0 feet to a point for the place of beginning; thence continuing Southwesterly on the Northwesterly line of said concrete block building for a distance of 22.40 feet to a point, said point being 1.01 feet Southeasterly from the Westerly line of said Lot 1: Thence Northwesterly at right angles to the last described line, at the last described point, for a distance of 8 feet to a point; thence Northeasterly for a distance of 22.40 feet to a point which is 8 feet Northwesterly from the place of beginning; thence Southeasterly 8 feet to the place of beginning, in McHenry County, Illinois. 1 SECTION II: That granting the use variance to permit a dry- cleaning establishment on the subject premises with in-house processing is effected pursuant to proper application having been made to the Zoning Board of Appeals and City Council of the City of McHenry, Illinois and in accordance with the Zoning Ordinance; following receipt of written findings and recommendation of the members of the Zoning Board of Appeals of the City of McHenry, Illinois, in accordance with the provisions of the said Zoning Ordinance. SECTION III: That the parking variance is granted pursuant to proper application having been made to the Zoning Board of Appeals and City Council of the City of McHenry, Illinois and in accordance with the Zoning Ordinance and following receipt of written findings and recommendation of the members of the Zoning Board of Appeals of the City of McHenry, Illinois, all in accord with the provisions of the said zoning ordinance. SECTION IV: The City Council finds that all of the following conditions apply: a. Special Circumstances Not Found Elsewhere. Special circumstances, fully described in the written findings, 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. And 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. Circumstances Relate to the Property only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or buildings(s) for which a variance is sought, such as dimensions, topography, or soil conditions. 2 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. Not Resulting from Applicant Action. The special circumstances 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. Unnecessary Hardship. The reasons fully set forth in the written findings, 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. Preserves Rights Conferred by District. 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. Necessary for Use of Property. A 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. Not Alter Local Character. The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values or public safety or 3 welfare in the vicinity. h. Consistent with Ordinance and Plan. The granting of the 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. Minimum Variance Recommended. The variance recommended by the Board of Appeals and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property. SECTION V: Should any section, subsection, condition, clause, finding or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part thereof, other than the explicit part so declared to be invalid. SECTION VI: That all ordinances or parts thereof in conflict herewith be and the same are hereby repealed. SECTION VII: That this Ordinance shall be in full force and effect from and after its passage and approval and publication in pamphlet form, as provided by law. Passed this 18th day of November 1992 AYES: Lieder, Locke, Bolger, Serritella, Patterson, Adams NAYS: Smith ABSTAINED: Donahue ABSENT: None NOT VOTING: None 4 This ordinance approved this ATTEST: 18th day of November , 199 2 . YO