HomeMy WebLinkAboutOrdinances - O-94-649 - 01/19/1994 - GRANT VARIANCE C&A LEASING HILL ST0-94-649
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY,
ILLINOIS, BY GRANTING A VARIATION THEREON
THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,
HEREBY ORDAINS AS FOLLOWS:
Whereas, a written petition signed by Allen R. Miller on behalf of C & A
Leasing Corporation (owner) and Smart SMR of Illinois, Inc. (applicant), has been
filed with the City Clerk of the City of McHenry, Illinois, requesting the granting of
a variation under the provisions of the current Zoning Ordinance of the City of
McHenry, concerning the following described property:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE INTERSECTION OF DOT AND HILL
STREETS AS PLATTED IN SHERMAN HILL INDUSTRIAL SUBDIVISION: THENCE
NORTHWESTERLY ALONG THE NORTHERLY LINE OF HILL STREET, 27.9 FEET TO AN
ANGLE POINT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID HILL STREET,
436.69 FEET TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 10 IN SAID
SHERMAN HILL INDUSTRIAL SUBDIVISION; THENCE SOUTH 01 DEGREES 43 MINUTES 15
SECONDS EAST (BEARING ASSUMED), ALONG SAID WEST LINE, A DISTANCE Of:
536.67 FEET TO SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 88 DEGREES
26 MINUTES 32 SECONDS WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF SAID SHERMAN HILL INDUSTRIAL SUBDIVISION A DISTANCE OF 300.78 FEET;
THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A DISTANCE OF 484.80
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF
175.75 FEET; THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A
DISTANCE OF 340.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS
EAST, A DISTANCE OF 575.13 FEET TO THE WESTERLY LINE OF DOT STREET; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF DOT STREET, 290.33 FEET TO THE POINT
OF BEGINNING, (EXCEPTING THEREFORE THAT PART THEREOF DESCRIBED AS
FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST
QUARTER, AND RUNNING THENCE NORTH 12 CHAINS AND 9 LINKS, MORE OR LESS
TO A POINT 112 RODS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 28;
THENCE EAST 10 CHAINS AND 89 LINKS, MORE OR LESS, TO THE CENTER OF THE
PUBLIC HIGHWAY; THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING), ALL IN
MCHENRY COUNTY, ILLINOIS.
Parcel Identification Number: 09-28-151-016
Whereas, said Petitioners are requesting a variance to permit construction
of a communications facility with the following dimensions:
a) Three hundred and fifty (350) feet high steel tower, instead of the fifty
five (55) feet height limitations, and
b) Ten (10) feet separation between the tower and the radio
equipment shelter, instead of three (3) feet required by the City of
McHenry Zoning Ordinance;
Whereas, a hearing was held before the City of McHenry Zoning Board of
Appeals on January 3, 1994, at which time the Zoning Board of Appeals heard
evidence and viewed exhibits presented by the Petitioners, and
Whereas, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested zoning
variations; and
Whereas, based on the recommendation of the Zoning Board of Appeals,
the City Council concurs with the Board's finding to grant the requested variance
in that:
A. 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.
B. 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) 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.
C. The 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.
D. The strict application of the provisions of the City of McHenry Zoning
Ordinance would result in unnecessary and undue hardship upon
the applicant, as distinguished from mere inconvenience.
E. 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. The 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. The 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.
H. The granting of a variance will be in harmony with the general
purpose and intent of the City of McHenry Zoning Ordinance and
the City of McHenry Comprehensive Plan, as viewed in light of any
changed conditions since their adoption.
I. The variance requested is the minimum required to provide the
applicant with reasonable use and enjoyment of his property.
Now, therefore, be it ordained by the City Council of the City of McHenry,
Illinois, as follows: That a variance is given to the property legally described
above, that is,
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE INTERSECTION OF DOT AND HILL
STREETS AS PLATTED IN SHERMAN HILL INDUSTRIAL SUBDIVISION: THENCE
NORTHWESTERLY ALONG THE NORTHERLY LINE OF HILL STREET, 27.9 FEET TO AN
ANGLE POINT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID HILL STREET,
436.69 FEET TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 10 IN SAID
SHERMAN HILL INDUSTRIAL SUBDIVISION; THENCE SOUTH 01 DEGREES 43 MINUTES 15
SECONDS EAST (BEARING ASSUMED), ALONG SAID WEST LINE, A DISTANCE OF
536.67 FEET TO SOUTHWEST CORNER OF SAID LOT 10; THENCE SOUTH 88 DEGREES
26 MINUTES 32 SECONDS WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
LINE OF SAID SHERMAN HILL INDUSTRIAL SUBDIVISION A DISTANCE OF 300.78 FEET;
THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A DISTANCE OF 484.80
FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS EAST, A DISTANCE OF
175.75 FEET; THENCE NORTH 01 DEGREES 43 MINUTES 16 SECONDS WEST, A
DISTANCE OF 340.50 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 59 SECONDS
EAST, A DISTANCE OF 575.13 FEET TO THE WESTERLY LINE OF DOT STREET; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF DOT STREET, 290.33 FEET TO THE POINT
OF BEGINNING, (EXCEPTING THEREFORE THAT PART THEREOF DESCRIBED AS
FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NORTHWEST
QUARTER, AND RUNNING THENCE NORTH 12 CHAINS AND 9 LINKS, MORE OR LESS
TO A POINT 112 RODS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 28;
THENCE EAST 10 CHAINS AND 89 LINKS, MORE OR LESS, TO THE CENTER OF THE
PUBLIC HIGHWAY; THENCE SOUTHWESTERLY TO THE POINT OF BEGINNING), ALL IN
MCHENRY COUNTY, ILLINOIS ,
to permit the construction of a three hundred and fifty (350) feet high, steel
tower, with a ten (10) foot separation between the tower and the radio
equipment shelter for a communications facility on the subject premises; and
That, even with these variations, the subject property owner(s) will still be required
to comply with all requirements as to new construction.
This ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry, Illinois.
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 19th day of January , 1994.
AYES: Bolger, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT: Locke
NOTVOTING: None
This ordinance approved this 19th day of January , 199 j
MAYOR
ATTEST:
CITY CLERK