HomeMy WebLinkAboutOrdinances - O-96-796 - 07/31/1996 - GRANT USE VARIANCE 4520 W CRYSTAL LAKE RD BJORKMANORDINANCE NO. 0-96-796
IN THE MATTER OF THE APPLICATION OF )
McHENRY STATE BANK, AS TRUSTEE UNDER )
TRUST NO. 3243, FOR A USE VARIANCE )
PURSUANT TO THE ZONING ORDINANCE OF )
THE CITY OF McHENRY, McHENRY COUNTY, )
ILLINOIS. )
ZONING ORDINANCE
WHEREAS, your Petitioner filed a Petition with the Zoning Board of Appeals of the City
of McHenry requesting a use variance to conduct open lot sales on the property for purposes of
selling garden and landscaping supplies to include, but not be limited to, potting soil,
landscaping materials such as bark and stone, landscaping bricks, landscaping timbers and
ornaments in regard to the following described real estate:
Lot 1 in Bjorkman Acres being a Subdivision of that part of the Northeast Quarter
and the Northwest Quarter of Section 34, Township 45 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at a point in the
center line of Crystal Lake Road, said point being 300 feet Southwesterly of the
most Southerly corner of Whispering Point Center as recorded by Document No.
754102; thence North 43 degrees, 45 minutes West 330.4 feet to a point; thence
North 46 degrees, 15 minutes East 300.0 feet to a point; thence North 43
degrees, 45 minutes West along the Southwesterly line of Whispering Point
Center as recorded by Document No. 754102, 314.42 feet to the most Westerly
corner of said Whispering Point Center, said point also being in a Southerly line
of Lot 28 in Boon Valley Plat No. 5, as recorded by Document No. 518301;
thence South 70 degrees, 15 minutes West along the Southeasterly line of said Lot
28, 39.87 feet, more or less, to an angle point in said Southeasterly line; thence
South 42 degrees, 36 minutes, 23 seconds West along the Southeasterly line of
said Lot 28, 941.97 feet to the most Southerly corner thereof, said point being on
the Northeasterly line of Front Royal Drive; thence South 47 degrees, 23 minutes
East along the Northeasterly line of said Front Royal Drive as recorded in Boone
Valley Plat No. 6, 554.06 feet to a point of Curvature; thence Southeasterly along
a curve line, convex Southwesterly, having a radius of 19.615 feet, for an arc
distance of 31.191 feet to a point; thence South 48 degrees, 29 minutes, 39
seconds East, 40 feet to a point in the center line of Crystal Lake Road; thence
Northeasterly along the center line of said Crystal Lake road, having a radius of
2864.93 feet, for an arc distance of 237.219 feet to a point of tangency; thence
North 46 degrees, 15 Minutes East along the Center line of said road, 380.05
feet, more or less, to the place of beginning, (excepting therefrom the
Southwesterly 300 feet thereof), in McHenry County, Illinois.
Commonly known as: 4520 W. Crystal Lake Road
McHenry, IL 60050
Permanent Index No.: 09-34-201-016 and 09-34-130-019
WHEREAS, the property consists of approximately 6.79 acres in size and is located on
the West side of Crystal Lake Road approximately 200 feet from the intersection of Front Royal
Drive and Crystal Lake Road; and
WHEREAS, the property is improved with a 30,000 square foot commercial building
commonly known as Ace Hardware; and
WHEREAS, the property is presently zoned "C-3" Community Commercial District,
pursuant to the City of McHenry Zoning Ordinance; and
WHEREAS, a hearing was held before the Zoning Board of Appeals on the matters
raised in the Petition and the hearing was held in the manner and form as prescribed by
Ordinance and Statutes; and
WHEREAS, as a result of said hearing, a motion to approve the use variance as set forth
in the Petition was approved by a vote of seven to zero in favor of granting the use variance
subject to the following conditions:
a) Period of Operation: The use variance would be effective March 1 and continue
through and including October 31 of each year.
b) Hours of Operation: Sales are to take place only during the normal operations
of the principal business located on the property commonly known as Ace Hardware.
c) Location: The location on the subject property where the sales are to take place
are to be limited and restricted to the area defined on the site plan attached hereto.
d) Appearance: Sales shall be conducted in a clean and safe manner. All materials
and products shall be kept within the area defined in the site plan and shall be presented
in such a way that the area at all times appears neat and orderly in the discretion of the
City's Building Inspector; and
WHEREAS, the City Council has fully reviewed the report of the hearing before the
Zoning Board of Appeals; and
WHEREAS, the City Council in reviewing the evidence presented before the Zoning
Board of Appeals regarding the use variance does make specific findings of fact that:
a) The strict application of the provisions of this Ordinance relating to the
use of the buildings and use of the land will result in unnecessary and
undue hardship upon the applicant;
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b) The property cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulation applicable to this Zoning
District;
c) The special circumstances applicable here are peculiar to the property and
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 the use variance will be in harmony with the general
purpose and intent of the Zoning Ordinance and of the Comprehensive
Plan of the City.
NOW, THEREFORE, be it ordained by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION ONE: That the above recitals are incorporated into this Ordinance.
SECTION TWO: That the subject property is hereby granted a use variance to conduct
open lot sales on the property for purposes of selling garden and landscaping supplies to include,
but not be limited to, potting soil, landscaping materials such as bark and stone, landscaping
bricks, landscaping timbers and ornaments and shall be subject to the following conditions:
a) Period of Operation: The use variance would be effective March 1 and continue
through and including October 31 of each year.
b) Hours of Operation: Sales are to take place only during the normal operations
of the principal business located on the property commonly known as Ace Hardware.
c) Location: The location on the subject property where the sales are to take place
are to be limited and restricted to the area defined on the site plan attached to this
Ordinance and made a part hereof as Exhibit "A".
d) Appearance: Sales shall be conducted in a clean and safe manner. All materials
and products shall be kept within the area defined in the site plan and shall be presented
in such a way that the area at all times appears neat and orderly in the discretion of the
City's Building Inspector.
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e) Duration: The use variance shall remain in existence for so long as the Bjorkman
family maintain a majority ownership interest in the subject property.
SECTION THREE: That after the adoption and approval hereof, the ordinance shall be
published in pamphlet form published by authority of the City Council.
SECTION FOUR: That all ordinances, resolutions or other proceedings in conflict
herewith be, to the extent of such conflict, hereby repealed, and that this ordinance be effective
forthwith upon its adoption, approval and publication as provided by law.
PASSED BY THE CORPORATE AUTHORITIES OF THE CITY OF McHENRY,
McHENRY COUNTY, ILLINOIS, THIS 31st day of July, 1996.
VOTING AYE: Bolger. T ocke . Bates, Lawson, Baird
VOTING NAY: None
ABSENT: None
ABSTAINED: None
APPROVED this t day of July, 1996.
ATTEST:
CITY CLERK
F \KARYN\ZONINGUORKMAMORDINANC
4
CITY McHENRY
Mayor
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