HomeMy WebLinkAboutOrdinances - O-96-733 - 01/17/1996 - GRANT RECLASS AND USE VARIANCE BRYNIARSKI 3007 RTECHESTER & BARBARA BRYNIARSKI )
AND THE CITY OF MCHENRY ) ORDINANCE NO 0-96-733
3007-3009 W RTE 120 ) ZONING FILE NO Z-399(2)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION AND USE VARIANCE THEREON.
Whereas, a written Petition signed by Chester and Barbara Bryniarski and the City of McHenry
has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning
change:
1. reclassification from E Estate Zoning District to I1 Industrial Zoning District;
2. use variance to permit a single family residence on the industrially zoned
property;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 3007-3009 West Route 120 McHenry Illinois 60050, and legally described on
Exhibit A attached hereto; and
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on October
2, 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 reclassification and use variance as 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 said reclassification and use variance were granted for the
subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby
granted on the property, commonly known as 3007-3009 West Route 120 McHenry Illinois 60050, and
legally described in Exhibit A:
A. reclassification from E Estate Zoning District to I1 Industrial Zoning
District;
B. use variance to permit a single family residence on the industrially
zoned property;
Section 2: That the City Council finds that in granting the reclassification, the following findings
have been proved before this body:
A. The proposed use(s) or the uses permitted under the proposed zoning
classification are 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
affected property was established supports the proposed use or zoning
classification.
399(2)
Page 2
C. The proposed use or zoning classification 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.
D. The proposed use or zoning classification promotes the public interest and not
solely the interest of the applicant.
Section 3: That the City Council finds in granting the use variance, the following findings have
been proved before this body:
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.
Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 5: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
399(2)
Page 3
Section 6: 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 17th day of January, 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING: None
Approved this 17th day of JanuM, 1996.
MAYOR
ATTEST:
CITY CLERK
�2yNi��,ski
Ex 1l i 6 f f- A.
LEGAL DESCRIPTION (LD: c570):
Lots 6 and 7 in Chicago Road Subdivision, being a Subdivision of the Southwest
Quarter of Section 25, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded October 27, 1924 as Document
No. 65665, in Book 4 of Plats, page 115, Excepting and Reserving therefrom
that part described as follows: Beginning at the Northwest corner of Lot 6,
thence on an assumed bearing of South 0 degrees 05 minutes 28 seconds East
along the West line thereof 8.18 feet; thence South 75 degrees 11 minutes 55
seconds East along a line parallel with the centerline of Illinois Route 120 a
distance of 103.47 feet to a point on the East line of Lot 7; thence North 0
degrees 05 minutes 28 seconds West along said East line 8.21 feet to the
Northeast corner of Lot 7; thence North 75.degrees 12 minutes 58 seconds West
along the North line of Lots 7 and 6 a distance of 103.46 feet of the point of
beginning, in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-25-355-024
STREET ADDRESS: 3007 and 3009 W. Route 120 McHenry, IL 60050