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HomeMy WebLinkAboutOrdinances - O-94-665 - 06/29/1994 - GRANT RECLASS AND VARIANCE LEE COONEY RICHMOND RDSEP 0,1)_ 994 ORDINANCE NO. 0-94-665 STATE OF ILLINOIS ) COUNTY OF McHENRY ) SS. CITY OF McHENRY ) IN THE MATTER OF THE APPLICATION ) OF LEE J. COONEY FOR RECLASSIFI- CATION AND VARIATIONS OF PROPERTY ) UNDER THE ZONING ORDINANCE OF THE ) CITY OF McHENRY, McHENRY COUNTY, ) ILLINOIS. ) ZONING ORDINANCE WHEREAS, your Petitioner, LEE J. COONEY, has filed a Petition with the Zoning Board of Appeals of the City of McHENRY, requesting with the following requests: A. Reclassification of the subject property from 11RM-2" High Density Multi -Family Residential District and "RS-4" High Density Single Family Residential District to 110-1" Local Office District. B. The variation on the minimum lot width requirement for 110-1" Local Office Districts from 200 feet to 65.98 feet; variation on parking within the interior side yard on the East 264 feet of the South side of the subject property; and a variation to allow parking for non-residential use within said side yard. WHEREAS, the subject property is described as follows: PARCEL 1: Part of the Southwest Fractional Quarter of Section 26, described as follows: Commencing at the Northeast corner of Lot 5 in Block 1 of Owen's Addition to outlots to the City of McHenry; thence Westerly along the Northerly line of said Lot 5 and along the Northerly line of said Lot 5 extended 295.5 feet for the place of beginning; thence Southerly parallel with the West line of said Lot 5, 66.0 feet to the South line of said Lot 5 extended; thence Westerly along the South line extended 131.5 feet to the Easterly line of Freund Avenue, according to the Plat of A.P. Freund's Millstream Park Addition Unit No. 1,-recorded as Document No. 219945; thence Northwesterly along said Easterly line 77.7 feet to the North line of Lot 5 extended; thence Easterly along said North line extended 172.1 feet to the place of beginning, in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL 2: Part of the Southwest Fractional Quarter of Section 26, described as follows: Commencing at the Northeast corner of Lot 5 in Block 1 of Owen's Addition of Outlots to the City of McHenry; thence Westerly along the North line of said Lot 5, 132.0 feet for the place of beginning; thence Southerly parallel with the East line of said Lot 5, 66.0 feet to the South line of said Lot 5; thence Westerly along said South line and along said South line extended 163.5 feet; thence Northerly parallel with the West line of said Lot 5, 66.0 feet to the North line of Lot 5 extended; thence Easterly along the North line of Lot 5 extended and along the North line of said Lot 5, 163.5 feet to the place of beginning, in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL 3: The Easterly 132.0 feet of Lot 5 in Block 1 of Owens Addition of Outlots to the City of McHenry, in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. WHEREAS, the property is approximately 29,000 square feet in size and is located on the West side of Richmond Road (U.S. Route 31) just North of Elm Street (Route 120) and is improved with and used for a single family residence; and WHEREAS, the property is presently classified 11RM-2" High Density Multi -Family Residential District to the East and 'IRS-4" High Density Single Family Residential to the West pursuant to the City of McHenry Zoning Ordinance; and WHEREAS, a hearing was held before the Zoning Board of Appeals in the manner and form as prescribed by Ordinance and Statutes; and WHEREAS, the Zoning Board of Appeals did not favorably recommend the reclassification and the variations as requested for the subject property; and WHEREAS, the City Council has fully reviewed the Report of the hearing before the Zoning Board of Appeals as well as the evidence and testimony submitted thereat; and WHEREAS, the City Council in reviewing the evidence presented before the Zoning Board of Appeals does make specific findings of fact: (1) That the proposed uses under the 110-1" Local Office District classification are compatible with existing uses or existing zoning of the property in the area given the location of the property. (2) That the trend of development in the general area since the original zoning was established clearly supports the 2 proposed reclassification, particularly given the property's location along U.S. Route 31, traffic patterns, as well as having the desired effect of doing away with the multi -family zoning district located on the Eastern half of the property. (3) That the proposed reclassification to 110-1" Local Office District is in harmony with the objectives of the Comprehensive Plan of the City as used in light of any changed conditions since the adoption of the Plan. (4) That the proposed reclassification promotes the public interest and not solely the interest of the applicant; and WHEREAS, the City Council when reviewing the evidence presented before the Zoning Board of Appeals does make the following specific findings of fact with respect to the variations as requested in the Petition: (1) That special circumstances exist that are peculiar to the property for which a variance is sought and which do not apply generally to other properties in the same zoning district, particularly given the fact that this property was originally platted many years ago and not changed or altered by Petitioner. The shape of the property and its location along U.S. Route 31 constitute additional special circumstances supporting a variation of the minimum lot width from 200 feet to 65.98 feet as well as supporting the variation to allow parking within the required interior side yard on the South side of the property and to eliminate the screening strip requirements within that side yard. (2) The special circumstances referred to above relate only to the physical character of the land where the buildings for which the variance is sought and do not specifically concern any business or other financial circumstances of any party in interest. (3) That special circumstances that are the basis for the variance have not resulted from any act of the applicant or any party with an interest in the property. Petitioner has done nothing to cause the property to be zoned as it is currently zoned nor has he done anything to effect the property's dimensions or its size. (4) Strict application of the provisions of the City of McHenry Zoning Ordinance will result in unnecessary and undue hardship upon the applicant. 3 (5) The variances as requested are necessary for the applicant to preserve and enjoy a substantial proper right possessed by others in the same zoning district and does not confer a special privilege ordinarily denied other properties in the district. (6) The grant of the variations are necessary because with the variations the applicant will be deprived of any reasonable use or enjoyment of the property given its location and current mixed zoning uses. (7) 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. Petitioner presented evidence that the proposed office building will be an improvement over the existing older residence now located on the property. (8) The granting of the variations are in harmony with the general purpose and intent of the City of McHenry Zoning Ordinance and the Comprehensive Plan. (9) The variations requested are the minimum that would be required to provide the applicant with the reasonable use and enjoyment of his property. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION ONE: That the above recitals are incorporated into this Ordinance. SECTION TWO: That the City of McHenry Zoning Ordinance and Zoning Maps are hereby amended to allow for the reclassification of the above described property to 110-1" Local Office District and the granting of said property a variation on the minimum lot width from 200 feet to 65.98 feet, a variation to allow parking within the required interior side yard on the East 264 feet of the South side of the subject property and a variation to eliminate the screening strip requirements within the side yard, all in accordance with the document entitled "Route 31 Parcel Sketch Plan" submitted by Petitioner and filed with the City containing a date of December 6th, 1993 and in accordance with the Drainage Study prepared by Smith Engineering Consultants with respect to the subject property, subject to the following conditions: (1) Limit signage to monument type, not to exceed 8 inches in height; 4 (2) Creation of 10 or more feet minimum of green landscaped area along the Richmond Road frontage and submittal_ of Landscape Plan; (3) Allow no vehicular access to Freund Avenue; (4) Right -in, right -out only along U.S. Route 31; (5) Provide for possible future joint access with property to the North through dedicated cross easement agreement_. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. PASSED by the Corporate Authorities of the City of McHenry, McHenry County, Illinois, this 29th day of June , 1994. AYES: NAYS: ABSENT: ABSTAINING: Bolger, Locke, Bates, Lawson, Baird None None one APPROVED this 29th day of June ATTEST: Villa Clerk f:\sandy\zon in g\cooney.ord CITY OF McHENRY B M or 5 , 1994.