Loading...
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 2 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 3 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 N 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. 5 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 1.1