HomeMy WebLinkAboutOrdinances - O-93-619 - 02/03/1993 - GRANT ZONING PINTOZZI ON HILLSIDECEIVE®
IN THE MATTER OF THE APPLICATION
OF MCHENRY STATE BANK, as Trustee
under the provisions of a Trust
Agreement dated January 4, 1974,
and known as Trust No. 619,
ANTHONY C. PINTOZZI, MAUREEN C.
PINTOZZI, CHARLES R. PINTOZZI, and
ROSE MARIE PINTOZZI, sole
beneficiaries of said Trust, FOR
AN AMENDMENT OF THE ZONING ORDIN-
ANCE OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AND SUCH
ORDINANCE AS AMENDED.
JAN 2 9 IS93
CITY OF WHENRY
ORDINANCE NO. 0-93-619
AN ORDINANCE CLASSIFYING CERTAIN PROPERTY
AND GRANTING VARIANCES
WHEREAS, your Petitioners, MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated January 4, 1974,
and known as Trust No. 619, ANTHONY C. PINTOZZI, MAUREEN C.
PINTOZZI, CHARLES R. PINTOZZI, and ROSE MARIE PINTOZZI, sole
beneficiaries of said Trust, have filed a Petition with the Zoning
Board of Appeals of the City of McHenry, McHenry County, Illinois,
requesting the amendment of the Zoning Ordinance of the City of
McHenry, and of such Ordinance as amended, in regard to the
following described real estate:
Parcel 1
Lot 4 in Hi -Point 31, being a Subdivision of part of the North
Half of the Southeast Quarter of Section 10, Township 44
North, Range 8 East of the Third Principal Meridian, according
to the Plat thereof recorded August 13, 1969 as Document No.
513184, in McHenry County, Illinois; and
Parcel 2
That part of the southwest Quarter of Section 10, Township 44
North, Range 8 East of the Third Principal Meridian, being
described as follows: Beginning at the Southwest corner of
Outlot "B" in McHenry Corporate Center Unit One, being a
Subdivision of part of the Northeast Quarter and the Northwest
Quarter of Section 10, Township 44 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded on October 6, 1989 as Document No. 89R033780; thence
South 89 degrees 46 minutes 03 seconds East along the north
line of said Southwest Quarter of Section 10, for a distance
of 425.59 +/- feet to the east line of said Southwest Quarter;
thence South along said east line, 20.00 feet; thence North 89
degrees 46 minutes 03 seconds West, parallel to the north line
of said Southwest Quarter, 212.23 feet; thence North 87
degrees 21 minutes 47 seconds West, 238.36 feet; thence North
0 degrees 13 minutes 57 seconds East, 10.00 feet to the north
line of said Southwest Quarter; thence South 89 degrees 46
minutes 03 second East, 25.00 feet to the point of beginning,
in McHenry County, Illinois.
(said parcel hereinafter referred to as the "subject property");
and
WHEREAS, the Petition requests that the subject property be
classified I-1 Light Industry District by the City of McHenry
Zoning Ordinance and that variances to said Ordinance be granted
reducing the required front yard set back from forty feet to thirty
feet, reducing the required number of parking spaces from fifty to
twenty-five, and waiving landscaping and screening requirements for
the subject property; and
WHEREAS, on December 21, 1992, a hearing on said Petition was
held before the Zoning Board of Appeals of the city of McHenry in
the manner and in the form as prescribed by Ordinance and Statute;
and
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 find and the City Council
similarly finds that with respect to the requested zoning
classification all of the following conditions apply:
A. The proposed use(s) or the uses permitted under the
proposed zoning classification are compatible with existing uses or
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existing zoning of property in the environs.
B. The trend of development in the general area since the
original zoning of the affected property was established supports
the proposed use or zoning classification.
C. The proposed use or zoning classification is in harmony
with the objectives of the comprehensive Plan of the City as viewed
in light of any changed conditions since the adoption of the Plan.
D. The proposed use or zoning classification promotes the
public interest and not solely the interest of the Petitioners; and
WHEREAS, as a further 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 find and the City
Council similarly finds that with respect to the requested zoning
variances all of the following conditions apply:
A. Special circumstances exist that are peculiar to the
property for which the variances are sought and do not apply
generally to other properties in the I-1 Light Industry 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. Since the variances 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 building(s) for which the variances are
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
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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 the
variances have not resulted from any act of the Petitioners or of
any other party with interest in the property.
D. For reasons fully set forth in the written findings of
the Zoning Board of Appeal, the strict application of the
provisions of the City of McHenry Zoning ordinance would result in
unnecessary and undue hardship upon the Petitioners, as
distinguished from mere inconvenience.
E. The variances are necessary for the Petitioners to
preserve and enjoy a substantial property right possessed by other
properties in the I-1 Light Industry District and do not confer a
special privilege ordinarily denied to other properties in said
district.
F. The grant of the variances is necessary not because it
will increase the Petitioners' economic return, although it may
have this effect, but because without the variances the Petitioners
will be deprived of any reasonable use or enjoyment of the
property.
G. The granting of the variances 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 the variances will be in harmony with the
general purpose and intent of the City of McHenry Zoning ordinance
and of the Comprehensive Plan of the City, as viewed in light of
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any changed conditions since their adoption.
I. The variances recommended by the Board of Appeals and
approved by the City Council are the minimum required to provide
the Petitioners with reasonable use and enjoyment of their
property.
WHEREAS, the City Council of McHenry has considered the
recommendation as submitted by the Zoning Board of Appeals of the
City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows:
1. That the following described real estate be and the same
is hereby zoned and classified I-1 Light Industry District:
Parcel 1
Lot 4 in Hi -Point 31, being a Subdivision of part of the North
Half of the Southeast Quarter of Section 10, Township 44
North, Range 8 East of the Third Principal Meridian, according
to the Plat thereof recorded August 13, 1969 as Document No.
513184, in McHenry County, Illinois; and
Parcel 2
That part of the southwest Quarter of Section 10, Township 44
North, Range 8 East of the Third Principal Meridian, being
described as follows: Beginning at the Southwest corner of
Outlot "B" in McHenry Corporate Center Unit One, being a
Subdivision of part of the Northeast Quarter and the Northwest
Quarter of Section 10, Township 44 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded on October 6, 1989 as Document No. 89R033780; thence
South 89 degrees 46 minutes 03 seconds East along the north
line of said Southwest Quarter of Section 10, for a distance
of 425.59 +/- feet to the east line of said Southwest Quarter;
thence South along said east line, 20.00 feet; thence North 89
degrees 46 minutes 03 seconds West, parallel to the north line
of said Southwest Quarter, 212.23 feet; thence North 87
degrees 21 minutes 47 seconds West, 238.36 feet; thence North
0 degrees 13 minutes 57 seconds East, 10.00 feet to the north
line of said Southwest Quarter; thence South 89 degrees 46
minutes 03 second East, 25.00 feet to the point of beginning,
in McHenry County, Illinois.
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2. That with respect to the above -described real estate, the
following variances to the City of McHenry Zoning Ordinance are
hereby granted:
A. The required front yard set back is reduced from forty
feet to thirty feet;
B. The required number of parking spaces is reduced from
fifty to twenty-five; and
C. Landscaping and screening requirements as set forth in
said Ordinance are waived.
3. All maps and other records of the City of McHenry be and
the same are hereby amended to reflect the aforesaid zoning
reclassification and variances.
4. This Ordinance shall be in full force and effect from and
after its passage as by law provided.
PASSED this 3rd day of February , 1993.
AYES:
NAYES:
ABSENT:
ABSTAIN:
Lieder, Locke, Bolger, Donahue, Serritell-a, Patterson, Adams. Smith
one
None
None
APPROVED by me this 3rd
day of February , 993.
MAYO
ATTEST:
City Clerk
PREPARED BY:
STEVEN J. CUDA of HAMER, SCHUH & CUDA
101 Van Buren Street
Woodstock, IL 60098
815-338-1334
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