HomeMy WebLinkAboutOrdinances - O-93-624 - 04/07/1993 - GRANT USE VARIANCE KIVLEY ON FRONT STORDINANCE NO. 0-93-624
AN ORDINANCE
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MCHENRY, ILLINOIS, BY GRANTING A USE VARIATION THEREON
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
WHEREAS, a written Petition signed by Lowell R. and Lisa R. Kivley has been filed
with the City Clerk of the City of McHenry, Illinois requesting the granting of a use variation
under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as
amended, concerning the following described premises:
Lot 93 in Edgebrook Heights Addition to McHenry Unit No. 1, a
Subdivision of Part of the Southwest Quarter of Section 35,
Township 45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded April 25, 1957 as Document
No. 322211 in Book 13 of Plats, Page 12, in McHenry County,
Illinois.
WHEREAS, said Petitioners are requesting a use variance to permit the phased
conversion of a single family residence to professional office use, and
WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals
on March 8, 1993, at which time the Zoning Board of Appeals did take evidence and view
exhibits presented thereat by the Petitioners, and;
WHEREAS, a motion to grant the use variance failed to receive the necessary four
affirmative votes of the Zoning Board members to pass a motion in favor of recommending said
use variance to the City Council, and;
WHEREAS, it would serve the interests of the City if said use variance permit were
granted for 402 North Front Street, in that:
1. The proposed use as professional office space is compatible with the existing uses
of property in the environs, that is, office space facing State Route 31 is compatible with existing
professional office space and retail/commercial space similarly situated nearby. The maintenance
of the exterior in its current style also makes it compatible with surrounding residential uses.
2. The proposed use as professional office space is consistent with the trend of
development in the general area since the original zoning of the subject property was established.
3. The proposed use is in harmony with the objectives of the Comprehensive Plan
of the City as viewed in light of increasing commercial use of property facing and abutting State
Route 31.
4. The proposed use promotes the public interest by allowing appropriate use of
space located on State Route 31 while continuing to provide a buffer with residential looks to
residences in the area.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, McHENRY COUNTY, ILLINOIS as follows:
SECTION 1. That a use variance, is hereby granted to permit the above described
premises to be used for professional offices.
SECTION 2. That the Petitioners, Lowell R. Kively and Lisa R. Kively, are authorized
to occupy the residence building on the above described premises for residential purposes only
during the time that the garage portion thereof is being renovated and converted to professional
office use and for an additional term not to exceed one year after the said professional office use
of said converted garage has commenced.
SECTION 3. All ordinances, or parts thereof, in conflict with the terms and provisions
hereof, be and the same are hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form, as provided by law.
PASSED THIS 7th DAY OF Apri 1 , 1993.
AYES: Lieder, Locke, Bolger, Donahue, Serritella, Patterson, Adams, Smith.
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED this 7th day of Apri 1
, 1993.
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