HomeMy WebLinkAboutOrdinances - O-95-708 - 04/19/1995 - GRANT USE VARIANCE MCHENRY PUBLIC LIBRARY 809 N FRCITY OF MCHENRY
333 SOUTH GREEN STREET
MCHENRY ILLINOIS 60050
ORDINANCE NO 0-95-708
ZONING FILE NO Z- 396
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
USE VARIANCE THEREON.
Whereas, a written Petition signed by the City Clerk of the City of McHenry and an affidavit
of authority signed by the McHenry Public Library District as owner, has been filed with the City Clerk
of the City of McHenry, Illinois requesting the granting of a Use Variance under the provisions of the
Zoning Ordinance of the City of McHenry, as amended, concerning the following described premises:
That part of Lot 3 in Althoff Subdivision, a subdivision of part of the Northwest Quarter of
Section 35, Township 45 North, Range 8 East of the third principal meridian, according to the
plat thereof recorded May 4, 1987 as document No. 982804 and the easterly 25 feet of the
Chicago and Northwestern Railroad described as follows; beginning at a point on the east line
of Lot 3, 214.27 feet north of the southeast corner thereof; thence south on said east line, 214.27
feet to the southeast corner thereof; thence west on the south line of said Lot 3 and said line
extended west for a distance of 491.44 feet to a point 25 feet easterly of the centerline of the
Chicago and Northwestern Railroad; thence northerly parallel to the centerline of said railroad
on a curve to the left a chord distance of 353.03 feet to a point; thence southeasterly on a line,
if extended, would intersect at the east line of said Lot 3 at a point 188.27 feet north of the
southeast corner thereof, a distance of 333.61 feet; thence east 67.56 feet to the place of
beginning, in McHenry County, Illinois.
commonly known as: 809 North Front Street.
Whereas, said Petitioners are requesting a Use Variance to permit the seasonal storage of
equipment within the accessory structure located on the subject property, with said Use Variance being
the minimum variance as required by the City of McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on April 10,
1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat
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 Use Variance requested; and,
Whereas, the Zoning Board of Appeals found, and the City Council concurs in that finding, that
it would serve the interests of the City if the Use Variance were granted for the subject property, in that:
A. The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structure, or the use of the land, would result in unnecessary and undue
hardship upon the applicant, as distinguished from mere inconvenience.
B. The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the Zoning Ordinance for the pertinent zoning
district.
C. Special circumstances exist that are peculiar to the property for which the Use Variance
is sought and they do not apply generally to other properties in the same zoning district.
D. The granting of the Use 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.
E. The granting of a Use Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City.
Now, therefore, be it ordained by the City Council of the City of McHenry, Illinois, as follows:
Section 1: That a Use Variance is hereby granted on the foregoing legally described property,
commonly known as 809 North Front Street McHenry Illinois 60050, to permit the seasonal storage of
equipment within the accessory structure located on the subject premises, but that, even with this
variance, the subject property owners will still be required to comply with all requirements as to new
construction.
Section 2: The foregoing listed Approval Criteria for granting the Use Variance have been met.
Section All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 4: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 55: 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 April , 1995.
NAYS: None
ABSTAINED:
ABSENT: None
NOT VOTING:
None
Approved this 19th day of April , 1995.
MAYOR
ATTEST:
CITY CLERK