HomeMy WebLinkAboutOrdinances - O-96-769 - 02/07/1996 - WATERTOWER MARINA GRANT RECLASS CUP AND USE VARIAHarris Bank Barrington, Trust #11-4585
WATERTOWER MARINA INC
)
ROLAND & PAMELA BODINUS
)
AND THE CITY OF MCHENRY
)
REGARDING
)
3112 W LINCOLN RD
)
MCHENRY IL 60050
)
ORDINANCE NO 0-96-769
ZONING FILE NO Z-399(29)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
RECLASSIFICATION, CONDITIONAL USE AND USE VARIANCE THEREON.
Whereas, a written Petition signed by Roland and Pamela Bodinus and the City of McHenry has
been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning change:
reclassification from E Estate Zoning District to C5 Highway Commercial District;
conditional use permit to allow the following uses on the subject premises: outside
storage, motor/recreational vehicle service station for selling fuel and oil, marine vehicle
service and repair, marina, and slip rental;
use variance to permit the house on the subject property to be used as a single family
dwelling;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as 3112 West Lincoln Road, McHenry Illinois and 1321 North River Road, McHenry
Illinois, and legally described on Exhibit A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on September
18, 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 zoning reclassification, conditional use permit 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, conditional use permit 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 3112 West Lincoln Road, McHenry Illinois 60050, and
1321 North River Road, McHenry Illinois 60050, and legally described in Exhibit A:
A. reclassification from E Estate Zoning District to C5 Highway Commercial District;
B. conditional use permit to allow the following uses on the subject premises: outside
storage, motor/recreational vehicle service station for selling fuel and oil, marine vehicle
service and repair, marina, and slip rental;
C. use variance to permit the house on the subject property to be used as a single family
dwelling;
3 99(29)
Page 2
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.
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 the use variance, the following criteria 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.
399(29)
Page 3
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 5: That in granting said conditional use permit and use variance the following
restrictions are hereby placed upon the subject property:
A. The existing open space, between the north wall of the existing residential dwelling and
the south property line of the property identified as PIN# 09-26-433-012 from a point at
the bank of the Fox River east to a point 49 feet south and east of its intersection with
the southeast corner of the property identified as PIN# 09-26-433-012, be kept open and
clear of all permanent parking, structures, or any other improvements.
B The single family dwelling located at 1321 North River Road shall not be used as a
"sales office".
Section : All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are
hereby repealed to the extent of such conflict.
Section 7: This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 8: 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 Ith day of Fehniary , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED: None
ABSENT: None
NOT VOTING:
Approved this nth day of Fehniary 1996.
MAYOR
ATTEST:
CITY CLERK
rev: January 10, 1996
IN�tFa ro wa M APZI tiA
EXN1g/r fJ _
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LEGAL DESCRIPTION (LD: m2664):
Parcel 1: All that part of the Fractional Southeast Quarter of Section 26,
Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Beginning at the Southeast corner of Lot 8 in Block 3 in the Original
Plat of McHenry, East of the Fox River, according to the Plat thereof recorded
July 6, 1840 in Book "B" of Deeds, page 160, and running thence North along
the East line of said Lot, 132.0 feet, more or less, to the Northeast corner
thereof; thence East along the South line of Lot 4 of said Block 3, 15.0 feet;
thence North 1 degree, 47 minutes West, 108.0 feet; thence North 65 degrees,
23 minutes West, 180.0 feet, more or less, to the water's edge of Fox River;
thence Southwesterly along said water's edge to the Southwest corner of Lot 1
in Block 4 of said Subdivision; thence East 292.35 feet, more or less, to the
corner of beginning, in McHenry County, Illinois.
ALSO
Parcel 2: All that part of Lot 1 in Block 5,.of the Original Plat of McHenry,
East of Fox River, a Subdivision of part of 'the Fractional Southeast Quarter
of Section 26, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof dated July 6, 1840 and recorded in
Book "B" of Deeds, page 160, described as follows: Beginning at the Northeast
corner of said Lot 1 and running thence South 39 degrees, 58 minutes West,
87.45 feet to the Southerly line of Lot 1; thence West along the Southerly
line of said Lot 1 to the water's edge of Fox River; thence Northerly along
the water's edge of Fox River to the Northwest Corner of said Lot 1; thence
East along the North line of said Lot 1, 114 feet, more or less, to the corner
of beginning, (except that part falling in Lot 1, described as follows:
Beginning at the Northeast corner of said Lot 1; thence South 39 degrees, 58
minutes West, 110.95 feet; thence North 77 degrees, 08 minutes West 56.0 feet,
more or less, to the water's edge of Fox River; thence North 12 degrees, 32
minutes, 12 seconds East, 19.0 feet to the beginning of a 351.97 foot radius
nontangent curve, whose center bears North 20 degrees, 05 minutes, 39 seconds
West; thence Northeasterly along said curve through a central angle of 19
degrees, 36 minutes, 02 seconds, a distance of 120.41 feet to the North line
of said Lot 1; thence North 88 degrees, 55 minutes East along said North :line,
23.0 feet to the corner of beginning, in Block 5 in the Original Plat of the
Village (now City) of McHenry, East side of Fox River, Subdivision of part of
the Fractional Southeast Quarter of Section 26, Township 45 North, Range 8 East
of the Third Principal Meridian, according to the Plat thereof dated July 6,
1840 in Book "B" of Deeds, page 160), in McHenry County, Illinois.
w'. .
A- I
ALSO
Parcel 3: All that part of Ann Street lying West of the East line of Lot 1 in
Block 5, produced North to its intersection with the South line of Block 4,
according to the Original Plat of McHenry, East of Fox River, a Subdivision of
part of the Fractional Southeast Quarter of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, according to the Plat thereof
dated July 6, 1840 in Book "B" of Deeds, page 160, in McHenry County, Illinois.
ALSO
Parcel 4: Lots 9, 10 and 11 in Block 3 in the Original Plat of the village (now
City) of McHenry, East side of the Fox River, a Subdivision of part of the
Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book
"B" of Deeds, page 160, in McHenry County, Illinois.
ALSO
Parcel 6: That part of the Southeast Quarter of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, described as follows: Beginning
at a point in the Southerly line of River Court of Hunterville Park
Subdivision, according to the Plat thereof recorded March 30, 1929 as Document
No. 87599, in Book 7 of Plats, page 4, which is South 42 degrees, 14 minutes
East, 41.93 feet from the Southeast corner of Lot 22 of Block 5 of said
Subdivision, and running thence South 42 degrees, 14 minutes East along the
Southerly line of said River Court, 200.47 feet, more or less, to an angle
point in said River Court; thence South along the West line of said River
Court, 164.95 feet, more or less, to an angle point in said River Court;
thence South 87 degrees, 47 minutes West, 254.7 feet; thence North 1 degree,
47 minutes East, 108.0 feet; thence North 65 degrees, 23 minutes West, 180
feet, more or less, to the water's edge of Fox River; thence Northerly along
the water's edge of Fox River, 217.2 feet, more or less, to the point of
intersection of the water's edge of Fox River with a line drawn 52.5 feet
Southerly from, measured at right angles to and parallel with the Southerly
line of said Lot 22 of Block 5 of Hunterville Park Subdivision, aforesaid;
thence South 62 degrees, 57 minutes East parallel with and 52.5 feet Southerly
from the Southerly line of Lot 22, aforesaid, 215.2 feet, more or less, to a
point which is South 30 degrees, 17 minutes West, 37.5 feet from the place of
beginning; thence North 30 degrees, 17 minutes East, 37.5 feet to the place of
beginning, in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-26-433-015, as to Lot 9;
09-26-433-016, as to Lot 10;
09-26-433-017, as to Lot 11;
09-26-433-013, as to part of Blocks 1, 2 & 3; and
09-26-433-021, as to the remainder
STREET ADDRESS: 3112 W. Lincoln Road McHenry, IL 60050-4515 A�„}�
A- 3
1. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
PARCEL 1: THE EAST HALF OF THAT PART OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 25. DESCRIBED AS FOLLOWS: COMMENCING
AT A POST THAT STANDS ON THE WEBT LINE OF SAID SECTION 25, 16 CHAINS
NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE NORTH 2 CHAINS
TO A STAKE: THENCE EAST 2 CHAINS TO A STAKE: THENCE SOUTH 2 CHAINS TO
A STAKE; THENCE WEST 2 CHAINS TO THE PLACE OF BEGINNING, ALL IN
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN MCHENRY COUNTY, ILLINOIS.
PARCEL 2: LOTS 5, 15, 16. 17 AND 18 IN BLOCK 4 IN HUNTERVILLE PARK
SUBDIVISION, A SUBDIVISION. OF PART OF THE SOUTHWEST QUARTER OF
SECTION 25, AND OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP
45 NORTH, FLANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED MARCH 30, 1727 AS DOCUMENT NO. 87599,
IN BOOK 7 OF PLATS, PAGE 4, IN MCHENRY COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER(S):
09-25-306-006
09-20-306-007
09-20-306-<)08
09-25-306-009
09-25-306-014
09-23--301-003
(AFFECTS LOT 15)
(AFFECTS LOT 16)
(AFFECTS LOT 17)
(AFFECTS LOT 18)
(AFFECTS LOT 5)
(AFFECTS PARCEL 1)