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HomeMy WebLinkAboutOrdinances - O-95-685 - 01/04/1995 - RECLASS AND VARIANCE MSB TR 12311 4 ACORDINANCE NO. 0-95-685 IN THE MATTER OF THE APPLICATION OF McHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 12311, for RECLASSIFICATION and A VARIATION PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS. ZONING ORDINANCE WHEREAS, your Petitioner filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting a Reclassification of the property to "0-2" Office Park District and a variance to allow two principal buildings on the subject property in regard to the following described real estate: That part of the Southwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter of the Southwest Quarter; and running thence South along the East line of said Southwest Quarter of the Southwest Quarter, 382.7 feet; thence West parallel with the North line of said Southwest Quarter of the Southwest Quarter, 564.24 feet to the East line of U.S. Route No. 12; thence North along the East line of said U. S. Route No. 12, to the North line of said Southwest Quarter of the Southwest Quarter; thence East along the North line of said Southwest Quarter of the Southwest Quarter to the place of beginning, (except the North 155.0 feet of the West 255.0 feet thereof), in McHenry County, Illinois. Permanent Index No. 09-35-352-020. WHEREAS, the property consists of approximately 4.09 acres in size and is located approximately 300 feet South of the intersection of High Street and U.S. Route 31 on the East side of U.S. Route 31; and WHEREAS, the property is improved with a 2 story brick building and has approximately 227 feet of road frontage along U.S. Route 31; and WHEREAS, the property is presently zoned 'IRS-3" medium -high density single-family residential district pursuant to the City of McHenry Zoning Ordinance; and C WHEREAS, a Petition was filed with the City of McHenry requesting a hearing before the Zoning Board of Appeals on the matters raised in the Petition; 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, as a result of said hearing a Motion to approve the reclassification and variance set forth in the Petition was approved by a vote of five (5) to zero (0) in favor of granting of the reclassification and the variance of the property to be reclassified to 110-2" Office Park District and allowing two principal buildings on the subject property; and WHEREAS, the City Council has fully reviewed the Report of the hearing before the Zoning Board of Appeals; and WHEREAS, the City Council in reviewing the evidence presented before the Zoning Board of Appeals regarding the reclassification of the property does make specific findings of fact that: (a) The proposed reclassification is compatible with existing uses or existing zoning of property in the environs. (b) The trend of development in the general area since the original zoning of the effected property and since passage of the McHenry Zoning Ordinance supports the proposed reclassification. (c) The proposed reclassification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan and since the adoption of the Zoning Ordinance itself; (d) The proposed reclassification promotes the public interest and not solely the interest of the Petitioner; and WHEREAS, the City Council in reviewing the evidence presented before the Zoning Board of Appeals regarding the variation as requested does make specific findings of fact 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. 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) The special circumstances relate only to the physical character of the land or building (s) 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, 2 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 this 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 this Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. (i) The variance recommended by the Board of Appeals 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, McHenry County, Illinois, as follows: SECTION 1: That the above recitals are incorporated into this Ordinance. SECTION 2: That the subject property is hereby reclassified to 110-2" Office Park District and further that a variance is granted V 01 to the property to allow the construction of two principal buildings on the said property. SECTION 3: This Ordinance shall be in full force and effect from and after its passage as provided by law. PASSED BY THE CORPORATE AUTHORITIES OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, this 4th day of January , 1995. VOTING AYE: Bolger, Locke, Bates, Lawson, Baird _ VOTING NAY: None ABSENT: None ABSTAINED: None APPROVED this 4th day of January 1995. CITY OF McHENRY &/,Zz B t' ./ MAYOR FASAND'AZONING\GERSTAD\ORDINAN F 4