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HomeMy WebLinkAboutOrdinances - O-96-807 - 10/30/1996 - GRANT USE BARIANCE DODGE/PIONEER CENTER 4031 W DAYORDINANCE NO. 0-96-807 AN ORDINANCE PROVIDING FOR A USE VARIANCE UNDER THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS. WHEREAS, Petitioners, John P. Dodge, as sole beneficiary of McHenry State Bank Trust No. 1655, Owner, and Pioneer Center of McHenry County, Contract Purchaser, filed a Petition with the Zoning Board of Appeals of the City of McHenry, requesting a use variance under the provisions of the Zoning Ordinance of the City of McHenry in regard to the real property more fully described in Exhibit "A", attached hereto and made a part hereof (said real property hereinafter referred to as "Premises") in order to allow an Early Intervention Center for developmentally disabled children between the ages of 0 and 4, including outpatient therapy, family group therapy and related professional offices on Premises; and WHEREAS, pursuant to notice, a public hearing was held before the Zoning Board of Appeals of the City of McHenry in regard to the contents of the Petition, and evidence was introduced by the Petitioners at such hearing in support of their Petition; and WHEREAS, the Zoning Board of Appeals of the City of McHenry, did unanimously recommend approval of the requested use variance under the provisions of Table 32(A) of the Zoning Ordinance of the City of McHenry; and WHEREAS, the City Council of the City of McHenry has fully considered the merits of the Petition and the evidence presented to the Zoning Board of Appeals of the City of McHenry, including all exhibits containing plans and specifications for the proposed use; and WHEREAS, the City Council of the City of McHenry makes the following findings of fact relative to the Petitioners' request for a use variance upon Premises located at 4031 West Dayton: 1. That the strict application of the provisions of the Zoning Ordinance of the City of McHenry relating to the use of the buildings or structures, or the use of Premises would result in unnecessary and undue hardship upon the Petitioners, as distinguished from mere inconvenience; 2. That the Premises cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance of the City of McHenry; 3. That special circumstances exist that are peculiar to the Premises and that they do not apply generally to other properties in the same zoning district; 4. That 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; and 5. The granting of the use variance will be in harmony with the general purpose and intent of the Zoning Ordinance of the City of McHenry and of the Comprehensive Plan of the City of McHenry. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That a use variance under the provisions of the Zoning Ordinance of the City of McHenry and meeting the Approval Criteria of Table 32 (A) is hereby granted to allow the operation of an Early Intervention Center for developmentally disabled children between the ages of 0 and 4, including outpatient therapy, family group therapy and related professional offices upon Premises, subject to the following conditions: a. The Premises be developed in substantial accordance with the Site Plan/Floor Plan prepared by Thomas M.Hopkins -Architect with a revision date of October 4, 1996; b. Submit landscape plan for approval by Building and Zoning Department for screening of existing and proposed parking area; C. The outside therapy area remain fenced -in at all times; d. The Premises shall not be used as a day care center; and e. A Cross Easement Agreement for parking shall be secured and recorded prior to issuance of a building permit. Section 2: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. Section 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. PASSES THIS3Oth DAY OF Octoher , 1996 Number voting Aye: BolX,gr,Locke, Bates, Lawson. Number voting Nay: None Number abstaining: None Number absent: Baird APPROVED THIS 30th DAY OFOctober , 1996. , CITY OF McHENRY, Illinois ATTEST: City Clerk, CITY Og McHEN Illinois EXHIBIT "A" (Legal Description) LOT 16 IN TONYAN'S INDUSTRIAL PARK UNIT NO. 1, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SECTION 10 AND PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRiL--13, 1977 AS DOCUMENT NO. 691537, IN MCHENRY COUNTY, ILLINOIS.