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.