HomeMy WebLinkAboutOrdinances - O-95-723 - 08/30/1995 - GRANT VARIANCE AETNA CORP MCCULLOM PLACE CENTERLMF:HKF:ORD:MCHENRY.HAN
8/8/95
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AUG 10 1995
ORDINANCE NO. 0-95- 723
ZONING FILE NO: 2-394
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
A VARIANCE THEREON
WHEREAS, a written Petition signed by AETNA DEVELOPMENT
CORPORATION has been filed with the City Clerk of the City of
McHenry, Illinois requesting the granting of a variance concerning
the following described premises:
OF THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND PART OF LOT 2 IN "MCCULLOM PLACE", BEING
A SUBDIVISION IN PART OF THE NORTHEAST QUARTER OF SAID SECTION
26, ACCORDING TO THE PLAT THEREOF RECORDED IN THE RECORDER'S
OFFICE ON DECEMBER 1, 1993, AS DOCUMENT NUMBER 93R73961,
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF
SAID QUARTER, QUARTER SECTION, 214.50 FEET NORTH OF THE CENTER
OF SAID SECTION 26, THENCE NORTH 00" 03' 49" WEST ALONG SAID
WEST LINE A DISTANCE OF 524.20 FEET, THENCE NORTH 89" 56' 11"
EAST A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING, THENCE
NORTH 89" 56' 11" EAST A DISTANCE OF 120.97 FEET, THENCE NORTH
00" 03' 49" WEST A DISTANCE OF 31.50 FEET, THENCE NORTH 89" 56'
11" EAST A DISTANCE OF 266.50 FEET, THENCE NORTH 00" 03' 49"
WEST A DISTANCE OF 29.08 FEET, THENCE NORTH 89" 56' 11" EAST A
DISTANCE OF 196.85 FEET TO A POINT ON THE EAST LINE OF SAID LOT
2 IN "MCCULLOM PLACE", THENCE ALONG SAID EAST LINE OF LOT 2 IN
"MCCULLOM PLACE" SOUTH 00' 11' 19" EAST A DISTANCE OF 285.16
FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 IN "MCCULLOM PLACE"
THENCE ALONG THE SOUTH LINE OF SAID LOT 2 IN "MCC`ULLOM PLAGE"
SOUTH 89° 00' 28" WEST A DISTANCE OF 36.00 FEET, THENCE
CONTINUING ALONG THE SOUTH LINE OF SAID LOT 2 IN "MCCULLOM
PLACE" AND THE NORTH LINE AND THE WESTERLY EXTENSION OF THE
NORTH LINE OF A CERTAIN DEED DATED OCTOBER 11, 1926 AND RECORDED
OCTOBER 15, 1926 AS DOCUMENT NUMBER 75394, IN BOOK 179 OF DEEDS,
PAGE 349, NORTH 87° 51' 32" WEST A DISTANCE OF 549.36 FEET TO A
POINT 45.00 FEET EASTERLY OF AND PERPENDICULAR TO THE WEST LINE
OF SAID SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER OF SECTION
26, THENCE ALONG SAID PERPENDICULAR LINE NORTH 00° 03' 49" WEST
A DISTANCE OF 204.03 FEET TO THE POINT OF BEGINNING, ALL IN
MCHENRY COUNTY, ILLINOIS.
commonly known as: Southeast corner of Richmond Road (Ill. Rte. 31)
and McCullom Lake Road, McHenry, Illinois; and
WHEREAS, said Petitioner is requesting a variance to permit the
construction of three principal buildings, with said construction
requiring a variance under the City of McHenry Zoning Ordinance; and
WHEREAS, a hearing was held before the City of McHenry zoning
Board of Appeals on June 26, 1995, at which time the Zoning Board of
Appeals did take evidence and view exhibits presented thereat by the
Petitioner; and
WHEREAS, based on evidence heard, the Zoning Board of Appeals
found that there was no overriding reason for granting the requested
zoning variance requested; and
WHEREAS, the City Council finds that it would serve the
interests of the City if AETNA DEVELOPMENT CORPORATION were granted
the variance in that:
1. Special circumstances exist which are peculiar to the
property and which do not apply generally to other
properties in the same zoning district, which circumstances
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consist of the particular topography of the property which
makes a single building impractical. Such a building would
require a sloping sidewalk with impractical interior steps,
and would otherwise be unrentable.
2. The special circumstances referred to relate to the
particular physical character of the property.
3. The special circumstances that are the basis for the
variance have not resulted from any act of the Petitioner
nor of any other party with interest in the property.
4. The strict application of the provisions of the Zoning
Ordinance would result in unnecessary and undue hardship
upon Petitioner, as distinguished from mere inconvenience.
5. The variance is necessary for the Petitioner to preserve
and enjoy the substantial property rights of easy access
and open space, and the right to construct the highest
quality development possible, and the granting of the
variance does not confer any special privilege upon the
Petitioner.
6. The granting of the variance is necessary not because it
will increase the Petitioner's economic return, but because
without a variance Petitioner would be deprived of the
reasonable use and enjoyment of the property.
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.
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8. 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.
9. The variance is the minimum required to provide Petitioner
with reasonable use and enjoyment of the property.
NOW, THEREFORE, be it ordained by the City Council of the City
of McHenry, Illinois, as follows:
Section 1: That a variance is hereby granted on the foregoing
legally described property, commonly known as the southeast corner of
Richmond Road (Ill. Rte. 31) and McCullom Road, McHenry, Illinois,, to
permit the construction of three principal buildings on the subject
premises, but that even with this variance, the subject property
owners will still comply with all requirements as to new
construction.
Section 2: That the City Council finds that in granting this
variance, the following findings have been proved before this body:
1. Special circumstances exist which are peculiar to the
property and which do not apply generally to other
properties in the same zoning district, which circumstances
consist of the particular topography of the property which
makes a single building impractical. Such a building would
require a sloping sidewalk with impractical interior steps,
and would otherwise be unrentable.
2. The special circumstances referred to relate to the
particular physical character of the property.
3. The special circumstances that are the basis for the
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variance have not resulted from any act of the Petitioner
nor of any other party with interest in the property.
4. The strict application of the provisions of the Zoning
Ordinance would result in unnecessary and undue hardship
upon Petitioners, as distinguished from mere inconvenience.
5. The variance is necessary for the Petitioner to preserve
and enjoy the substantial property rights of easy access
and open space, and the right to construct the highest
quality of development possible, and the granting of the
variance does not confer any special privilege upon the
Petitioner.
6. The granting of the variance is necessary not because it
will increase the Petitioner's economic return, but because
without a variance Petitioner would be deprived of the
reasonable use and enjoyment of the property.
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.
8. 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 of McHenry.
9. The variance is the minimum required to provide Petitioner
with the reasonable use and enjoyment of the property.
Section 3: All ordinances, or parts thereof, in conflict with
the terms and provisions hereof, are hereby repealed to the extent of
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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 5: 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 30th day of August, 1995.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED • None
ABSENT:
NOT VOTING: None
Approved this 30th day of August, 1995.
ATTEST:
CITY CLERK
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