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HomeMy WebLinkAboutOrdinances - O-95-719 - 07/26/1995 - GRANT CUP AND VARIANCE LOT D MCHENRY COMMONSSTATE OF ILLINOIS ) ) SS COUNTY OF McHENRY ) IN THE MATTER OF THE APPLICATION OF ) LaSALLE NATIONAL BANK, as Trustee under ) Trust No. 111830, AND McHENRY SAVINGS BANK ) ORDINANCE FOR A CONDITIONAL USE PERMIT and VARIANCE ) FROM THE REGULATIONS OF THE CITY OF McHENRY ) NO. 0-95-719 ZONING ORDINANCE ) ZONING ORDINANCE GRANTING SPECIAL USE AND VARIANCE WHEREAS, your Petitioners filed a Zoning Petition with the Zoning Board of Appeals of the City of McHenry requesting a conditional use permit to allow for the construction and installation of an automated teller machine and a variation from Chapter III, paragraph G, which permits no more than one principal building or use on any lot in any zoning district in regard to the following described real estate: Lot D in "McHenry Commons Subdivision", being a resubdivision of Lots 1 and 2 in "Riverside Terrace Phase I", being a subdivision of part of the Northeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded in the McHenry County Recorder's Office on March 31, 1981 as Document No. 813727 in McHenry County, Illinois. WHEREAS, the property is located on the East side of 'U.S. Route 31 just North of the intersection of McCullom Lake Road and U.S. Route 31, and is commonly known as the Omni Shopping Center; and WHEREAS, the property is presently classified "C-3" Community Commercial District pursuant to the City of McHenry Zoning Ordinance; and 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 State Statute; and WHEREAS, as a result of said hearing a Motion was made and seconded to approve granting of the conditional use and variation with the following conditions: A. That adequate lighting be provided for the safety of the customers using the ATM. B. That the pavement be appropriately marked to show a one-way lane of traffic to and through the ATM. C. That the conditional use permit authorizing the ATM be strictly limited to the location on the subject property as depicted in the Site Plan, a copy of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Motion was approved 5 to 0; and WHEREAS, in recommending the granting of the Conditional Use Permit the Zoning Board of Appeals made the following findings of fact: A. There will be no adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district given the volume of traffic typically associated with ATM use. B. There will be no 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 a zoning district. C. The proposed use will fit harmoniously with the existing natural and man made character of its surroundings, and with the permitted uses in the zoning district taking into account that the district in question is highly commercial in nature. In addition, the use will not have a harmful effect on environmental quality, property values or neighborhood character already existing in the area or normally associated with the 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 demands for new services or facilities in such a way as to place undue burdens upon existing developments in the area. E. The propose 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. 00, F. The proposed use is in harmony with all other elements of compatibility pertinent to the traditional use and its particular location; and WHEREAS, the Zoning Board of Appeals did make further findings of fact that the following conditions apply with respect to the granting of the variation: A. That special circumstances exist that are peculiar to the property for which the variance is sought and which do not apply generally to other properties in the same zoning district, including the shape of the parking area of the shopping center located on the subject property as well as the grade of the land in relation to the adjoining right of way. These circumstances are not of so general or recurrent in nature as to make it reasonably practical to provide a general regulation to cover them. B. These special circumstances which permit the granting of the variance relate only to the physical character of the land or buildings for which the variance is sought, and do not concern any business or activity that present or perspective owner or tenant carries on, or seeks to carry on, 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 granting the variance have not resulted from any act of the applicant or from any other party with interest in the property. D. The strict applications of the provisions of this ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. E. The 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, particularly taking into consideration the fact that evidence was presented of at least one other drive through ATM facility being located in a C-3 Community Commercial Zoning District. F. The variance is necessary not because it will increase the applicant's economic return, although 3 it may have this effect, but because without a variance the applicant will be deprived of any reasonable use for enjoyment of the property. G. The granting of the variance will not alter the special character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity given the commercial nature of the zoning district in question. H. The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. I. The variance is the minimum required to provide the applicant with reasonable use and enjoyment of the property; and WHEREAS, the City Council has reviewed the above findings of fact made by the Zoning Board of Appeals as reflected by the evidence submitted at the hearing for the Zoning Board of Appeals as set forth in the Meeting Minutes from that hearing; and WHEREAS, the City Council hereby adopts the findings of fact as reflected herein. 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 property described herein is hereby granted a variance from Chapter III, paragraph G. of the City of McHenry Zoning Ordinance which permits no more than one principal building or use on any lot in any zoning district to allow for the construction and installation of an ATM facility. There is further granted a conditional use permit to construct and install an ATM facility with the following conditions: A. That adequate lighting be provided for the safety of the customers using the ATM. B. That the pavement be appropriately marked to show a one-way lane of traffic to and through the ATM. C. That the conditional use permit authorizing the: ATM be strictly limited to the location on the subject property as depicted in the Site Plan attached 4 hereto and by reference marked as Exhibit "A"; and D. That the signage on the ATM be in substantial conformance with the drawings submitted as part of the public hearing and as reviewed and approved by the City Council. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner as provided by law. SECTION 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This Ordinance shall be published in pamphlet form by and of the authority of the City of McHenry. PASSED by the Corporate Authorities of the City of McHenry, McHenry County, IL, this 26t1day of July , 1995. AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: None ABSENT : None ABSTAINED: None APPROVED this 26th day of July , 1995. CITY OF McHE B U (I STEVE CUDA ATTEST: (� --- � � - j PAMELA ALTHOF , City C k Rsandy\zon in g\rnchensav\zon i ng. ord 5 I I I EXISTING PARKING NEW A.T.M. 0 loo lo' UTILITY E R 0 U T E 3 1 SITE P L A N SCALE !so,_o" NORTH PROPOSED LOCATION OF NEW AT.M. OMNI CENTER MCHENRY, IL. EXHIBIT "All