HomeMy WebLinkAboutOrdinances - O-94-658 - 05/09/1994 - GRANT RECLASS HAYSTACKS MANOR616MF
ORDINANCE NO. 0-94-658
AN ORDINANCE ZONING CERTAIN TERRITORY
KNOWN AS HAYSTACKS MANOR
IN THE CITY OF McHENRY
(Classifications of property "E" Estate District with a use variance allowing the
operation of a restaurant.)
WHEREAS, THE CITY OF McHENRY has been requested by a petition signed by
DAVID A. KRUK to annex and zone 4 acres, more or less, located approximately 1,000 feet
West of the intersection of Bull Valley Road and Crystal Lake Road; and
WHEREAS, public hearings where held by the McHenry Zoning Board of Appeals, after
due notice in the manner provided by law; and
WHEREAS, the Zoning Board of Appeals, after deliberation, The Motion to recommend
approval failed on a vote of 4 to 2; and
WHEREAS, the City Council has considered the evidence and testimony presented at the
public hearings, and made the following findings for the use variance in accordance with the
City of McHenry Zoning Ordinance Approval Criteria, Table 32(A):
1. Practical Difficulties or Particular Hardship
The strict application of the provisions of the Zoning Ordinance relating to use
of buildings or structures, and the use of land would result in unnecessary and
undue hardship upon the applicant, as distinguished from mere inconvenience if
the use variance is not granted due to the uniqueness of the existing structure, the
size of the parcel, and its location in relation to other development in the: area.
2. Reasonable Return
The subject property cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations in the "E" Estate Zoning District
due to the location and size of the existing parcel and the nature of the existing
improvements on said parcel.
3. Unique Circumstances
There are special circumstances peculiar to the property for which the Use
Variance is sought that do not generally apply to other properties in the same
zoning district. These circumstances are the size and location of the parcel, the
nature of the improvements on the parcel, the parcel's location to other
development in the area and the benefit of preserving the site as a single 3.83
acre site, and maintaining the unique architectural theme on the premises.
4. Not Alter Local Character
1 1.5
The Use Variation would not unreasonably alter the essential character of the
locality and to some degree, preserve the existing character of the locality.
S. Consistent with Comprehensive Plan
The Use Variance will be in harmony with the general purpose and intent of the
Zoning Ordinance and of the Comprehensive Plan of the City and will not alter
the essential character of the locality, nor substantially impair environmental
quality, property values, or public safety or welfare in the vicinity.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: As outlined in the Annexation Agreement between the City and Petitioner
dated May 1994, previously approved by the City Council, the following property shall be
zoned "E" Estate District with a use variation, allowing the operation of a restaurant, subject
to the conditions specified herein. Said property being described as follows:
That part of the Southwest Quarter and the Southeast Quarter of
Section 4, Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the
Northeast corner of said Southwest Quarter; thence West along the
North line thereof, 194.85 feet, thence South at right angles to the
last described line 424.0 feet; thence East at right angles to the last
described line, 377.29 feet, thence Northerly at an angle of 90
degrees 14 minutes 27 seconds measured clockwise from the last
described course, 170.06 feet: thence Northeasterly at an angle of
11 degrees, 15 minutes, 33 seconds measured clockwise from the
last described course, 256.0 feet to the North line of said Southeast
Quarter; thence West along said North line, 234.20 feet to the
place beginning, (except that part described as follows: Beginning
at the Northeast corner of said Southwest Quarter, thence West
along the North line thereof, 194.85 feet, thence South at right
angles to the last described line, 337.60 feet, thence East at right
angles to the last described line, 200 feet thence Northeasterly at
an angle of 58 degrees 30 minutes measured counterclockwise
from the last described line, 125.0 feet, thence Easterly at an angle
of 70 degrees measured clockwise from the last described line,
115.0 feet, thence Northerly at right angles to the last described
line, 256.0 feet to the North line of said Southeast Quarter, thence
West along said North line, 234.20 feet to the place of beginning,
in McHenry County, Illinois.
2 1.5
That part of Southwest Quarter and the Southeast Quarter of
Section 4, Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the
Northeast corner of said Southwest Quarter, thence West along the
North line thereof, 194.85 feet, thence South at right angles to the
last described line 337.60 feet, thence East at right angles to the
last described line, 200.0 feet, thence Northeasterly at an angle of
58 degrees 30 minutes measured counter clockwise from the last
described line of 125.0 feet, thence Easterly at an angle of 70
degrees measured clockwise from the last described line, 115.0
feet, thence Northerly at right angles to the last described line,
256.0 feet to the North line of said Southeast Quarter; thence West
along said North line, 234.20 feet to the place of beginning, in
McHenry County, Illinois.
SECTION 2: The Zoning Ordinance and Zoning Map of the City of McHenry be and
the same are hereby amended reclassifying the above described property to "E" Estate District
as specified in the City of McHenry Zoning Ordinance.
SECTION 3: A use variance allowing the construction and operation of a restaurant on
the subject premises is hereby granted subject to the following conditions and restrictions :
A) Plans and Specifications: The property shall be developed in substantial
compliance, as determined by the City, with the preliminary plans and
specifications attached hereto marked Group Exhibit "I" and by this reference
made a part hereof. Said Preliminary Plans and Specifications being prepared by
James F. Gainnini & Associates, Inc., (Engineers and Architects) being as
follows:
1) Preliminary Site Plan Revision Date 12/28/93
2) Main Floor Plan
3) East Elevation
4) West Elevation
The preliminary plans and specifications will be adjusted and modified from time
to time at the direction of the city to meet all applicable City Code regulations
including parking, building, fire, etc. The apartment at the basement level shall
be allowed so long as all applicable code regulations are met, said apartment shall
be restricted to owner occupied. No building additions exceeding 15% of the
combined existing and proposed building will be allowed without City Council
approval.
3 1.5
B) Liquor License: Subject to the applicant properly qualifying for a liquor license
pursuant to the City's Liquor Control Ordinance, the owner will be allowed a
liquor license allowing the serving of alcoholic beverage for consumption on the
premises. There will be no sales of packaged liquor and no live entertainment,
except as approved by the City Council.
C) Parking Requirements: All City Code parking requirements shall be met and
there is adequate screening by the existing trees North of the proposed parking
area, as determined by the City.
D) The Owner agrees to save as many existing trees as possible. Attached hereto
marked Exhibit "II" is a tree inventory depicting all trees with a 6" diameter
measured at a height of 54" from the base of the tree which will not be removed
in connection with the construction of the improvements on the premises. The
Owner agrees not to remove any of the trees listed on the tree inventory without
prior authorization from the City Department of Building & Zoning.
E) In the event the property to the East West or South of the subject property is ever
zoned residential, the Owner will comply with the City's screening requirements
for commercial zoning districts, within 6 months.
F) Ingress and Egress off of Bull Valley Road: The Owner has agreed to vacate the
existing entrance road off of Bull Valley Road and put in a new entrance to be
realigned at an approximate location lining up with the section line to the West,
as depicted on Exhibit "C". The realigned ingress and egress road will be
installed in accordance with the recommendations of the City Staff as approved
by the City Council, including the location and an appropriate deacceleration lane
if the City deems one to be necessary. All costs of these improvement shall be
paid by the owners
G) Si na e: The signage on the property will be limited to the sign specifications
shown on Exhibit "III" attached hereto and by this reference made a part hereof.
H) Water: The premises will be served by municipal water. The Owner will
provide for the installation of said water in compliance with City requirements.
All private wells shall be abandoned.
I) Sewer: The premises will be served with municipal sewer. The Owner will
provide for the installation of a temporary grinder pump and a four -inch main to
the manhole on the Northwesterly corner of the Amoco M-1 Subdivision.. The
Owner will execute a maintenance agreement with the City, to be a covenant
running with the land, providing for the Owner to be responsible for all
maintenance and repair of the temporary grinder pump and main to the manhole.
The form of the maintenance agreement shall be as approved by the City
4 1.5
Attorney. In the event municipal sewer becomes available adjacent to the subject
premises allowing a gravity connection from the subject premises, the Owner
agrees to connect to said municipal sewer, upon notice by the City. Upon such
connection to public sewer, the above -described sewer maintenance agreement
will be terminated, and the temporary sewer line and grinder pump properly
abandoned as approved by the City. Should the future installation of the sewer
main adjacent to the subject premises involve a recapture or contribution from
benefited properties, the Owner agrees to pay his prorata share of such
contribution so long as said amount does not exceed $10,000. Since the Owner
will have already paid a sewer capital development fee, the Owner will not be
required to pay a second one at the time of such connection, however, he will
pay for the customary inspection charges.
J) Public Improvement Guarantees: Public improvements to be constructed by the
Owner in connection with the development of the property shall be free from
defects in the quality of the materials and workmanship. To secure this
obligation, the Owner shall file with the City, a Letter of Credit in the amount
that would be required for such in accordance with the City's Subdivision Control
Ordinance and on a form drawn upon a lending institution approved by the City
or other security acceptable to the City.
(K) Compliance with City Codes: Owners shall comply with all city
Ordinances and Building Codes.
SECTION 4: All the requirements set forth in the Zoning Ordinance of The City of
McHenry, as would be required by any owner of property zoned the same manner as the
property described above, shall be complied with.
SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent to such conflict.
SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
5 1.5
Voting Aye: Bolger, Locke, Baird, Lawson, Bates
Voting Nay: None
Absent: None
Abstain: None
(SEAL)
ATTEST:
City Clerk, Pamela J. W&ff
Passed: May 9, 1994
Approved: May 9, 1994
Published: May 10, 1994
F:T.ARYNVA)NING VCAUK"UK.OZ
APPROVED:
Mayor Steven J. Cuda
6 1.5
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