HomeMy WebLinkAboutOrdinances - O-95-709 - 06/07/1995 - VARIANCE AND EXPAND CUP 4724 CRYSTAL LAKE RD FOR MIN THE MATTER OF THE APPLICATION OF
McHENRY COMMUNITY HIGH SCHOOL ) ORDINANCE NO 0-95-709
DISTRICT 156 )
AN ORDINANCE OF THE CITY OF MCHE[W, ILLINOIS,
GRANTING A CONDITIONAL USE PERMIT AND GRANTING A VARIANCE
Whereas, a written Petition has been filed with the City Clerk of the City
of McHenry, Illinois requesting the granting of a conditional use permit and
the granting of a variation under the provisions of the Zoning Ordinance of
the City of McHenry, as amended, concerning the following described premises:
That part of the West Half of Section 34, Township 45 North, Range 8 East of
the Third Principal Meridian, described as follows: to-wi.t: Commencing at the
point of intersection with the East and West quarter line of said Section 34
and the center line of Crystal Lake Road; thence North 33 degrees 47 minutes
East along the center line of said road, 835.84 feet more or less, to a point
of curvature, said curve having a radius of 2,864.93 feet; thence North 56
degrees 13 minutes West, 116.0 feet, for the place of beginning of this
description; thence South 33 degrees 47 minutes West, 1,155.0 feet to a point
of curvature; thence Southwesterly along a curved line convex Southeasterly
having a radius of 180.0 feet for an arc distance of 119.119 feet, to a point
of tangency; thence South 71 degrees 42 minutes West, tangent with the last
described curve, 64.75 feet to a point of curvature; thence North 74 degrees
49 minutes 25 seconds West, 525.82 feet; thence South 77 degrees 57 minutes 10
seconds West, 175.0 feet to a point on a curved line convex Westerly, having a
radius of 478.0 feet; thence Northerly along the last described curve an arc
distance of 272.087 feet, to a point of tangency; thence North 20 degrees 34
minutes East, tangent with the last described curve 213.0 feet, to a point of
curvature; thence Northerly along a curved line convex Easterly, having a
radius of 479.02 feet, for an arc distance of 293.533 feet; thence North 59
degrees 15 minutes 11 seconds West, 210.395 feet; thence North 30 degrees 08
minutes 36 seconds West, 262.472 feet; thence North 45 degrees 58 minutes
East, 512.297 feet, to a point of curvature; thence Northeasterly along a
curved line convex Northeasterly, having a radius of 141.0 feet for an arc
distance of 72.93 feet; thence North 14 degrees 23 minutes 51 seconds West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Northwesterly, having a radius of 261.0 feet; thence Easterly along the
last described curve for an arc distance of 80.0 feet; thence South 3 degrees
09 minutes 52 seconds West, radial to the last described curve, 120.0 feet, to
a point on the aforementioned curve having a radius of 141.0 feet; thence
Southeasterly along said curve for an arc distance of 60.01 feet, to a point
of tangency; thence South 62 degrees 27 minutes East, tangent with the last
described curve, 395.0 feet, to a point of curvature; thence Easterly along a
curved line convex Southerly having a radius of 500.0 feet, for an arc
distance of 552.632 feet, thence North 35 degrees 46 minutes 37 seconds West,
radial to the last described curve, 120.0 feet to a point on a curved line
convex Southerly having a radius of 380 feet; thence Northeasterly along said
curve for an arc distance of 25.0 feet; thence South 37 degrees 43 minutes 07
seconds East 5159.073 feet; thence South 33 degrees 47 minutes West, 45.0 feet
to the place of: beginning, in McHenry County, Illinois and also Lot A in Boone
Valley Plat No.. 7, being a Subdivision of part of the West Half of Section 34,
Township 45 North, Range 8, East of the Third Principal Meridian, according to
the Plat thereof recorded August 23, 1973 as Document No. 601785 in McHenry
County, Illinois.
Commonly known as: 4724 W. Crystal Lake Road, McHenry, Illinois 60050
Whereas, said Petitioners are requesting a conditional use permit and a
variance on the subject property to permit the construction and use of a
second principal structure on the subject premises 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 May 22, 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 conditional use
permit and requested zoning variation; 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 McHenry
Community High School District 156 were granted a conditional use permit to
allow the construction of an administration office building, in that:
a) Any adverse impact of types of volumes of traffic flow not
otherwise typical in the zoning district has been minimized.
b) Any adverse effects of noise, glare, odor, dust, waste disposal,
blockage of light or air, or other adverse environmental effects
of a type or degree not characteristic of permitted uses in the
zoning district, have been appropriately controlled.
c) The proposed use will fit harmoniously with the existing natural
or man-made character of its surroundings, and with permitted uses
in the zoning district. The use will not have undue deleterious
effect on the environmental quality, property values, or
neighborhood character already existing in the area or normally
associated with permitted uses in the district.
d) The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected or
permitted uses in the district, nor generate disproportionate
demand for new services or facilities, in such a way as to place
undue burdens upon existing development in the area.
e) The proposed use will not be detrimental to the safety or health
of the employees, patrons, or visitors associated with the use nor
of the general public in the vicinity.
f) The proposed use is in harmony with all other elements of the
compatibility pertinent to the conditional use and its particular
location.
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 McHenry
Community High School District 156 were granted a zoning variation to allow a
second principal structure on the subject property, 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 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, 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.
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g) The granting of a 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:
Section 1: That a variance to allow a second principal structure is
hereby granted on the foregoing legally described property and that a
conditional use permit expanding the existing conditional use is hereby
granted on the foregoing legally described property, commonly known as 4724 W.
Crystal Lake Road, McHenry, Illinois, to permit the construction of an
administration building, subject to the following limitations:
1. The proposed building to be used for administrative purposes for
McHenry High School District 156 only;
2. The following items be given special consideration and subject to
review by the Building Department prior to issuance of the
building permit for said building:
a. Trash/refuse disposal area enclosure;
b. Landscape requirements;
c. Installation of sidewalk between the two buildings;
d. No roof top electrical/mechanical units be permitted.
Section 2:: All ordinances, or parts thereof, in conflict with the terms
and provisions hereof, are hereby repealed to the extent of such conflict.
Section 3: This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
Illinois.
Section 4: 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 7th day of June 1995.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Approved this 7th day of June J�695.
MAYOR
ST:
CITY CLERK