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HomeMy WebLinkAboutOrdinances - O-93-635 - 09/29/1993 - GRANT CUP AND VARIANCE PREL PLAT APPROVAL ANEST ANC:\clients\McDon-f.397\ZONING.ORD-5 ORDINANCE NO. 0-93-635 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF MC HENRY AND FOR ISSUANCE OF A CONDITIONAL USE PERMIT UNDER THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF MC HENRY, FOR A VARIANCE OF THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF MC HENRY, AND FOR THE APPROVAL OF PRELIMINARY PLAT OF SUBDIVISION, MC HENRY COUNTY, ILLINOIS. WHEREAS, Petitioners, BILL ANEST and PETER ANEST, individually and d/b/a S & S PETROLEUM PRODUCTS, record title owners, and MC DONALD'S CORPORATION, a Delaware corporation, Contract Purchaser, filed a Petition with the Zoning Board of Appeals of the City of McHenry, Illinois, requesting an amendment to the Zoning Ordinance of the City of McHenry, the issuance of a Conditional Use Permit for Parcel 1 (hereinafter referred to as "McDonald's Parcel") and more fully described on Exhibit "B" attached hereto and incorporated herein by reference, and variance of the terms of the Zoning Ordinance of the City of McHenry in regard to the real property more fully described in Exhibit "A", attached hereto and made a part hereof (said real property hereinafter referred to as "Total Parcel"); and WHEREAS, Petitioners seek approval of the Preliminary Plat of Subdivision revised September 9, 1993 dividing Total Parcel into a two (2) lot subdivision. A copy of said Plat is attached hrereto as Exhibit "C". WHEREAS, pursuant to notice, a public hearing was held before the Zoning Board of Appeals of the City of McHenry, Illinois, in regard to the contents of the Petition, and evidence was introduced by the Petitioners at such hearing in support of their position; and WHEREAS, the City Council of the City of McHenry, Illinois, has fully considered the merits of the Petition and the evidence presented to the Zoning Board of Appeals of the City of McHenry, including all exhibits containing plans and specifications for the proposed use; and WHEREAS, the City Council of the City of McHenry makes the following findings of fact relative to the Petitioners' request for a Conditional Use Permit on McDonald's Parcel for the operation of a drive-thru establishment (McDonald's restaurant): 1. That any adverse impact or types or volumes of traffic flow not otherwise typical in the zoning district will be minimal. 2. That any adverse effects 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, will be appropriately controlled. 3. That 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 effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. That 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 demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. That 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. 6. That the proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the City Council to the particular Conditional Use or its particular location. AND, WHEREAS, the City Council of the City of McHenry makes the following findings of fact relative to the Petitioners' request for a variance of the terms of the Zoning Ordinance of the City of McHenry as to Total Parcel: 1. That 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. 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. 2. That the special circumstances referenced herein relate only to the physical character of the land 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. 3. That 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. 4. That the strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the Petitioners, as distinguished from mere inconvenience. 5. That variance is necessary for the Petitioners 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 property in the district. 6. That grant of a variance is necessary not because it will increase the Petitioners' economic return, although it may have this effect, but because without a variance the Petitioners' will be deprived of any reasonable use or enjoyment of the property. 7. That 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. 8. That granting of a variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. That the variance recommended by the Zoning Board of Appeals and approved by the City Council is the minimum required to provide the applicants with reasonable use and enjoyment of their property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Zoning Ordinance of the City of McHenry, McHenry County, Illinois, and such Ordinance as amended, be and is hereby amended so that the Total Parcel upon annexation, is classified as "C-3" - Community Commercial District. SECTION 2: That a Conditional Use Permit is hereby granted for McDonald's Parcel to permit the construction and operation of a restaurant with a drive-thru facility pursuant to the terms of the Zoning Ordinance of the City of McHenry. SECTION 3: That a variance of Table 6 of the Article V of the Zoning Ordinance of the City of McHenry as to minimum lot width is hereby granted to allow McDonald's Parcel to have lot width of 164.86 feet and Lot 2 to have lot width of 167.72 feet along Bull Valley Road. SECTION 4: That the Preliminary Plat of Subdivision attached hereto as Exhibit "C" last revised September 2, 1993 be and is hereby approved. SECTION 5: That in addition to a Route 31 Right In/Right Out only ingress and egress one point of egress/ingress along Bull Valley Road for said proposed two (2) lot subdivision be allowed at the location set forth in the Site Plan dated September, 1993 previously approved by the City of McHenry. SECTION 6: That the Petitioners shall meet all code and ordinance requirements with regard to the construction and operation of the drive-thru establishment on McDonald's Parcel including, but not limited to, parking, landscaping and screening. SECTION 7: This Ordinance shall be in full force and effect from and after its passage as provided by law. PASSED THIS 29th DAY OF September, 1993 Number voting Aye: Number voting Nay: Number abstaining: Number absent: Baird, Lawson, Bates, Locke, Bolger None None None APPROVED THIS 29th DAY OF September, 1993. Mayor, CITY OF McHENRY, Illinois ATTEST: ' City Clerk, CITY OF McH NRY, ILLINOIS EXHIBIT "A" TOTAL PARCEL That part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian described as follows: Commencing on the South line of said Quarter Quarter at a point, 853.10 feet East of the Southwest corner thereof, said point being on the Easterly right of way line of Sate Bond Issue Route 61, now referred to as State Route 31; thence Northeasterly on the Easterly right of way line of said Route, along a curve to the left, with a radius of 3859.43 feet, a chord distance of 58.38 feet to a point of beginning, thence continue along said curve, a chord distance of 184.31 feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00 feet North of and parallel to the South line of said Quarter Quarter; thence North 89 degrees 55 minutes 00 seconds East, along a line deeded as, 241.00 North of and parallel to the South line of said Quarter Quarter, also being the North line and an extension thereof of a 0.18 acre tract, a distance of 332.33 feet; thence South 01 degree 04 minutes 45 seconds West, along the West line of a 1.24 acre tract, (being a prior exception), as it is occupied, a distance of 208.05 feet; thence South 89 degrees 55 minutes 00 seconds West, along the North right of way line of Bull Valley Road, 326.33 feet; thence North 40 degrees 51 minutes 08 seconds West, 32.77 feet, to the point of beginning, in McHenry County, Illinois. EXHIBIT "B" McDONALD'S PARCEL That part of the Southwest Quarter of the Northwest Quarter of Section 2, Township 44 North, Range 8 East of the Third Principal Meridian described as follows: Commencing on the South line of said Quarter Quarter at a point, 853.10 feet East of the Southwest corner thereof, said point being on the Easterly right of way line of State Bond Issue Route 61, now referred to as State Route 31; thence Northeasterly on the Easterly right of way line of said Route, along a curve to the left, with a radius of 3859.43 feet, a chord distance of 58.38 feet to a point of beginning; thence continue along said curve, a chord distance of 184.31 feet to the Northwest corner of a 0.18 acre tract, deeded as 241.00 feet North of and parallel to the South line of said Quarter Quarter; thence South 89 degrees 59 minutes 40 seconds East, along a line deeded as, 241.00 North of and parallel to the South line of said Quarter Quarter, also being the North line and an extension thereof of a 0.18 acre tract, a distance of 160.50 feet; thence South 0 degrees 03 minutes 24 seconds East 208.00 feet to a point in the North line of Bull Valley Road; thence South 89 degrees 55 minutes 00 seconds West along the North right of way line of Bull Valley Road, 158.75 feet; thence North 41 degrees 09 minutes 09 seconds West, 32.91 feet, to the Place of Beginning, in McHenry County, Illinois.