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HomeMy WebLinkAboutOrdinances - O-96-811 - 12/04/1996 - GRANT ZONING AND USE VARIANCE GLAVIANO 414 S RTE 3ORDINANCE NO. 0-96-811 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF Mc.HENRY, BY GRANTING CHANGE IN ZONING TO "C-5" HIGHWAY COMMERCIAL USE DISTRICT WITH A USE VARIANCE FOR A CABINET MANUFACTURING AND MILLWORK BUSINESS WHEREAS, the written Petition of NICKOLS GLAVIANO has been filed with the City Clerk of the City of McHenry, Illinois, requesting the zoning reclassification with a use variance, under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: THAT PART OF THE WEST HALF OF GOVERNMENT LOT #1 OF THE NORTHWEST QUARTER OF SECTION 2 TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE SOUTHEAST CORNER OF SAID WEST HALF OF GOVERNMENT LOT #1; THENCE NORTH 0 DEGREES 56' 00" EAST ALONG THE EAST LINE OF SAID WEST HALF OF GOVERNMENT LOT #1, 567.62 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00'00" WEST ALONG A LINE PARALLEL WITH THE SOUTHERLY LINE OF SAID WEST HALF OF GOVERNMENT LOT #1, 440.06 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF STATE ROUTE #31; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE (BEING ALONG A CURVE WITH A RADIUS OF 3859.83 FEET AS SAID CURVE IS CONVEXED TO THE EAST) A CHORD DISTANCE OF 38.32 FEET TO THE POINT OF TANGENCY; THENCE NORTH 0 DEGREES 38'00"' WEST ALONG SAID EAST RIGHT-OF-WAY LINE 61.68 FEET; THENCE NORTH 90 DEGREES 00-00", 442.74 FEET TO THE EAST LINE OF THE WEST HALF OF SAID GOVERNMENT LOT #1; THENCE SOUTH 0 DEGREES 56'00" WEST ALONG SAID EAST LINE 100.00 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 1.0132 ACRES, MORE OR LESS, IN McHENRY COUNTY, ILLINOIS. PIN: 14-02-100-016 and commonly known as 414 South Route 31, McHenry County, McHenry, Illinois. WHEREAS, Petitioners are requesting a reclassification of the zoning of the subject premises to "C-5" Highway Commercial Use District with a Use Variance for a cabinetry manufacturing and millwork business upon annexation of the subject premises to the City of McHenry, Illinois. The Use Variance is limited to the existing cabinet manufacturing and millwork business; and, WHEREAS, the Zoning Board of Appeals made recommendation, by 6-0 vote:, to grant Petitioners request; and, WHEREAS, at the regular meeting of the City Council, as reconvened from time to time, the City Council of the City of McHenry did find that it would serve the interests of the City if a reclassification of the zoning of the subject premises to "C-5" Highway Commercial Use District in that:: A. The proposed use permitted under the proposed zoning classification is compatible with existing uses and existing zoning of property in the environs; B. Development in the general area supports the proposed use and zoning classification; C. The proposed use and zoning classification is in harmony with the objectives of the comprehensive plan of the City of McHenry; D. The proposed use and zoning classification promotes the public interest and not solely the interest of the applicant. Whereas the City Council did find that it would serve a Use Variance for a cabinetry manufacturing and millwork business upon annexation of the subject premises to the City of McHenry, Illinois were granted, in that: A. For reasons fully set forth in the written findings, the strict application of the provisions of this Ordinance relating to the sue of the buildings or structures or the use of the land would result in unnecessary and undue hardship upon the applicant; B. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this Ordinance for the pertinent zoning district; C. Special circumstances exist that are peculiar to the property for which the use variance is sought and that 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 the use variance will be in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That a reclassification of the zoning of the subject premises to "C-5" Highway Commercial Use District with a Use Variance for a cabinetry manufacturing and millwork business upon annexation of the subject premises to the City of McHenry, Illinois is hereby granted. Section 2: THE USE VARIANCE is subject to further conditions, namely: 1. The Use Variance is limited to the existing cabinet manufacturing and millwork business commonly known as "Pinnacle Wood Products". Upon Pinnacle Wood Products ceasing to do business at the subject property or its owner, NORM EVEN, conveying more than 50% of his ownership interest in said company to a third party, said use variance shall be deemed to have expired without any further notice. 2. LANDSCAPING, PARKING AND SIGNAGE shall all be in compliance with present City of McHenry Ordinance. Section 3: This Ordinance shall be in full force and effect immediately after its passage and approval. Section 4: If any Section, Paragraph, Subdivision, Clause, Sentence or Provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect Section 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6: This Ordinance shall be in full force and effect from and after passage, approval and publication as provided by law. PASSED this 4th day of Decanber , 1996 AYES: Bolger, Locke, Bates, Lawson, Baird. NAYES: Tnna _ ABSTAINED: None. ABSENT: None. NOT VOTING: None APPROVED this 4th day of December The CITY OF McHENRY, a Municipal Corporation Chartered under the laws of the State of Illino' . STEVEN J. CUDA, Mayor ATTEST: PAMELA J. ALTHO , City Prepared by: RUPP & YOUMAN Attorneys for Petitioners P.O. Box 745 McHenry, IL 60051-0745 (815) 385-7444 03Feb97