HomeMy WebLinkAboutOrdinances - O-96-755 - 01/31/1996 - GRANT RECLASS CUP AND VARIANCE KLEINHANS RTE 120McHenry State Bank #709
JEFF KLEINHANS )
AND THE CITY OF MCHENRY )
ROUTE 120 & NORTHSIDE AVE )
MCHENRY ILLINOIS 60050 )
ORDINANCE NO 0- 9 6- 7 5 5
ZONING FILE NO Z.-399(19)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION, A CONDITIONAL USE PERMIT AND VARIANCE THEREON.
Whereas, a written Petition signed by Jeff Kleinhans 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 the following:
a. Edgewater Sub. Block 8, Lots 1,2,3,4,5,6, to I-1 Industrial
District;
b. Edgewater Sub. Block 8, Lots 7,8,9 to C-5
Highway Commercial District
c. Chicago Road Sub. Part of lot 13 to C-5 Highway
Commercial District
d. Portion of vacated North Avenue to C-5 Highway
Commercial District;
2. conditional use permit to allow the following:
a. open sales lot for the sale of automobiles and trucks, limited to lot
8,9, and 13 described in Parcel 1 of Exhibit A;
3. variance for Edgewater Subdivision, Block 8, Lot 5 and 6 as follows:
a. allow a minimum lot area of 6,250 square feet;
b. allow a minimum lot width of 50 feet.
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as the southwest corner of the intersection of Route 120 and Northside Avenue,
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 January
8, 1996, 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 zoning reclassification, conditional use permit and 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, conditional use permit and 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 the southwest corner of the intersection of Route 120 and
Northside Avenue, McHenry, Illinois 60050, and legally described in Exhibit A:
399(19)
Pi.gc 2
A. reclassification from E Estate Zoning District to the following:
1. Edgewater Sub. Block 8, Lots 1,2,3,4,5,6, to I-1 Industrial
District;
2. Edgewater Sub. Block 8, Lots 7,8,9 to C-5
Highway Commercial District
3. Chicago Road Sub. Part of lot 13 to C-5 Highway
Commercial District
4. Portion of vacated North Avenue to C-5 Highway
Commercial District;
B. conditional use permit to allow the following:
1. open sales lot for the sale of automobiles and trucks, limited to lot
8,9, and 13 described in Parcel 1 of Exhibit A;
C. variance for Edgewater Subdivision, Block 8, Lot 5 and 6 as follows:
1. allow a minimum lot area of 6,250 square feet;
2. allow a minimum lot width of 50 feet.
Section 2: That the City Council finds that in granting the reclassification, the following criteria
have been proved before this body:
A. The proposed uses 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.
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 conditional use permit, the following
criteria have been proved before this body:
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.
399(19)
'_`age 3
F. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
Section 4: That the City Council finds in granting said variances, the following criteria have
been proved before this body:
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 buildings 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 fmancial
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.
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.
G. 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.
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.
1. The variance requested is the minimum required to provide the applicant with reasonable
use and enjoyment of his property.
Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
399(19)
cage 4
Section 7: 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 31 s t day of January , 1996.
NAYS: None
ABSTAINED:
ABSENT:
NOT VOTING: None
Approved this 31 s t day of January , 1996. ,
MAYOR
ATTEST:
CITY CLERK
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December 14, 1995
1213 NoRTH R1vms1oE DRur
MCHENRY, ILLINOIS 60050
815 365-2124
ROOERT J. CONWAY. P.L.S.
PARCEL 1 - Route 120 Parcel
kLZ-0JqA13-S
THAT PART OF LOT 13 OF CHICAGO ROAD SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF FRACTIONAL SECTION Z5, TOWNSHIF 45 NORTH, RAVE 8 EAST
OF THE THIRD PRINCIPAL ?MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 27, 1924 AS DOCUMENT NO. 65665, AND PART OF
NORTH AVENUE AS VACATED BY DOCUMENT NO. 356419 ON IULY 6, 1059,
AND PARTS OF BLOCKS 8 AND 9 IN EDGEWATER SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 35 AND PART OF THE HEST HALF OF THE NORTHWEST
QUARTER OF SECTION 367 TOWNSHIP 45 NORTH, RANCE 8 EAST OF THE
THIRD PRINCIPAL IIERIDIAN, LYING ON THE NORTHEASTERLY SIDE OF THE
FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920
AS DOCUMENT NO. 48334, BOUNDED AND DESCRIBED AS FOLLOWS:
COMTWKINC AT THE MOST EASTERLY CORNER OF LOT 13 IN SAID CHICAGO
ROAD SUBDIVISION; T131f7 E ON AN ASSUMED BEARING OF SOUTH 89
DEGREES Z9 ]MINUTES 16 SECONDS HEST, ALONG THE SOUTH LIKE THEREOF,
47.56 FEET TO THE MOST EASTERLY CORNER OF LOT D IN BLOCK 8 IN
SAID EDGEWATER SUBDIVISION; THENCE SOUTH 50 DEGREES 45 MINUTES
a3 SECONDS WEST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 9, A
DISTANCE. OF 24.53 FEET TO A POINT, FOR A POINT OF BEGINNING;
THENCE NORTH 1Z DEGREES 18 MINUTES 11 SECONDS HEST, 27.26 FEET;
THENCE NORTH 75 DEGREES 11 MINUTES 55 SECONDS WEST, ALONG A LINE
PARALLEL WITH THE CENTER LINE OF ILLINOIS ROUTE 120, A DISTANCE
OF 244.52 FEET TO A POINT; THENCE SOUTHWESTERLY IN A STRAIGHT
AND DIRECT LINE FOR A DISTANCE OF 165.50 FEET TO THE HOST
NORTHERLY CORNER OF LOT 5 IN BLOCK 8 OF SAID EDGEWATER
SUBDIVISION; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE
OF LOT 6 IN BLOCK 8 OF SAID EDGWATER SUBDIVISION, A DISTANCE OF
50.00 FEET; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LIME OF
SAID LOT 6, A DISTANCE OF 1Z5 FEET TO TIIE SOUTHEASTERLY LINE OF
SAID BLOCK 8; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE
OF SAID BLOCK 8, A DISTANCE OF 215.77 FEET TO THE POINT OF
BEGINNING, IN MCHETMY COUNTY, ILLINOIS.
PARCEL 2 - Pariside Parcel
LOTS 1, 2, a, 4, 5 AND 6, INCLUSIVE IN BLOCK 8 IN EDGEWATER
SUBDIVISION, 1EIN4 A SUBDIVISION OF PART OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 35 AND PART OF THE HEST HALF
OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RAMiBE
8 EAST OF THE THIRD PRINCIPAL ]MERIDIAN, LYING ON THE
NORTHEASTERLY SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT
THEREOF RECORDED JULY Ze, 1920 AS DOCUMENT NO. 48334, IN MCHENRY
COUNTY, ILLINOIS.
To: City of McHenry
Building d Zoning Dept
Attnt Mr. John Lobaito
Fax 363-2178
DEC-14-1995 01:05 8153058283 P.01