HomeMy WebLinkAboutOrdinances - O-97-838 - 10/15/1997 - MOY AND PARISI AMEND CUP AND VARIANCES 3102 W RTEORDINANCE NO. 0-97-838
IN THE MATTER OF THE APPLICATION OF )
PERRY MOY, ANTHONY PARISI AND McHENRY )
STATE BANK, AS TRUSTEE UNDER TRUST )
#12850 FOR AN AMENDMENT, CONDITIONAL )
USE PERMIT AND VARIANCES PURSUANT TO )
THE ZONING ORDINANCE OF THE CITY OF )
McHENRY, McHENRY COUNTY, ILLINOIS )
ZONING ORDINANCE
WHEREAS, Petitioners filed a Petition with the City Clerk of the City of McHenry
requesting variances, zoning amendment and a conditional use for the following described
property:
PARCEL 1: Lot 11 (except that part thereof described as follows: Beginning at the
Northeast corner of said Lot 11 and running thence West along the North line of said
Lot, 66 feet to the Northwest corner thereof, thence south along the West line of said Lot
30 feet; thence Southeasterly in a straight line 69.8 feet to a point of intersection with
the East line of said Lot 11, said point being 54 feet South of the place of beginning;
thence North along said East line, 54 feet to the place of beginning), in Block 7 in the
Original Plat of the Village (now City) of McHenry, East side of 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. PIN# 09 26 481 010
PARCEL 2: Lot 12 (except the North 57 feet thereof) in Block 7 in the Original Plat of
the Village (now City) of McHenry, East side of 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. PIN# 09 26 481 011
PARCEL 3: The North 57 feet of Lot 12, Block 7, original plat of McHenry on the East
side of Fox River, the plat thereof recorded in Book B of Deeds, page 161, also that part
of Lot 11 of said Block 7, described as follows: Beginning at the Northeast corner of
said Lot 11, Block 7; thence West along the North line of said lot, 66 feet to the
Northwest corner thereof, thence South along the West line of said lot, 30 feet; thence
Southeasterly in a straight line 69.8 feet to a point of intersection with the East line of
said Lot 11, said point being 54 feet South of the place of beginning; thence North along
said East line 54 feet to the place of beginning. The above described subdivision being
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situated in the Southeast 1/4 of Section 26, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois. PIN# 09 26 481 009
PARCEL 4: Lot 10 in Block 7 in the Original Plat of the Village (now City) of
McHenry, East side of the Fox River, a Subdivision 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. PIN# 09 26 481 008
Commonly known as: 3102 W. Rt. 120, McHenry, IL 60050
The subject property is located in McHenry Township, McHenry County, Illinois and
consists of approximately 37,400 square feet more or less and is located on the Northwest corner
of the intersection of Illinois Route 120 and Charles Street, with approximately 198 feet of
frontage on the North side of Route 120 and approximately 132 feet of frontage on Charles
Street; and,
WHEREAS, parcels 1, 2 and 3 improved with an existing building and parking area
commonly known as Don's Dairy Frost, 3102 West Route 120; and,
WHEREAS, Parcel 4 is improved with a vacant building commonly known as 3106 West
Route 120; and,
WHEREAS, Parcels 1 through 3 are presently zoned "C-5" Highway Commercial
District, and Parcel 4 is presently zoned "C-3" Community Commercial District pursuant to the
City of McHenry Zoning Ordinance; and,
WHEREAS, a Petition was filed with the City of McHenry requesting a hearing before
the Zoning Board of Appeals on the matters raised in said Petition; and,
WHEREAS, said Petition requested the following:
(a) That Parcel 4 be reclassified from "C-3" Community Commercial District to "C-
5" Highway Commercial District.
(b) That a variation on the front set -back line be granted for the existing building on
Parcels 1 through 3 (Don's Dairy Frost) from 30 feet to 2.95 feet.
(c) That a variation of the front set -back requirements for the proposed addition on
Parcel 4 be granted from 30 feet to not less that 15.5 feet.
(d) That a variation be granted on the parking space requirements from 49 to 41
parking spaces in accordance with the plans prepared by Ewald & Associates
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Architects, entitled "Addition to Don's, 3102 Route 120, McHenry, Floor Plan,
Site Plan, project No. 9704 composed of 4 sheets" dated 8/4/97.
(e) That a conditional use permit issue for Parcels 1 through 4 allowing a drive -
through establishment as set forth in the aforementioned Ewald & Associates
plans entitled "Floor Plan/Site Plan for Route 120 Site Plan -- Addition to Don's,
3102 Route 120, McHenry, IL, Project #9704 dated 8/4/97" .
WHEREAS, hearing was held before the Zoning Board of Appeals in the manner and
form prescribed by Ordinance and Statutes; and,
WHEREAS, as a result of said hearing a motion was passed and approved by the Zoning
Board of Appeals recommending the reclassification, variances and conditional use with said
vote being 7 in favor of the reclassification, additional use and set -back variances, and a vote
of 5 in favor, 2 against, for the parking variance; and,
WHEREAS, said Zoning Board of Appeals found that the prerequisite standards for the
conditional use permit, variations and amendments as follows:
(a) Any adverse impact of types or volumes of traffic flow not otherwise typical in
the zoning district have been minimized;
(b) Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light
or air, other adverse environmental effects of a type or degrees 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
degrees disproportionate to that normally expected of permitted uses in the
district, nor generate disproportionate demand for 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.
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(g) Special circumstances exist that are peculiar to the property for which the
variance is sought and that do not apply generally to other properties in the same
zoning district. And these circumstances are not of so general or recurrent a
nature as to make it reasonably practical to provide a general regulation to cover
them.
(h) Since a variance will affect the character of its surroundings long after a property
changes hands, the special circumstances referenced herein relate only to the
physical character of the land or building(s) for which variance is sought, such
as dimensions, topography, or soil conditions. They do not concern any business
or activity the present or prospective owner or tenant carries on, or seeks to carry
on, therein, nor to the personal, business, or financial circumstances of ,such
owner or tenant or any other party with interest in the property.
(i) The special circumstances that are the basis for a variance have not resulted from
any act of the applicant or of any other party with interest in the property.
(j) The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
(k) A variance is necessary for the applicant to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and does
not confer a special privilege ordinarily denied to other properties in the district.
(1) The grant of a variance is necessary not because it will increase the applicant's
economic return, although it may have this effect, but because without a variance
the petitioners will be deprived of any reasonable use or enjoyment of the
property.
(m) The granting of the 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.
(n) The granting of a variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City, viewed in
light of ny change.
(o) The variance requested is the minimum required to provide the applicant with
reasonable uses and enjoyment of their property.
(p) The proposed use permitted under the proposed zoning classification is compatible
with existing uses or existing zoning of property in the environs.
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McHenry, Floor Plan, Site Plan, project No. 9704 composed of 4 sheets"
dated 8/4/97.
(e) That a conditional use permit issue for Parcels 1 through 4 allowing a
drive -through establishment as set forth in the aforementioned Ewald &
Associates plans.
(f) There shall be no outside storage on the subject premises and the existing
billboard above the Don's Dairy Frost building will be removed.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County.
SECTION 5: 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 15TH3ay of OCTOBER , 1997.
AYES:
BOLGER, GLAB, MCCLATCHEY, MURGATROYD.
NAYS: NONE
ABSENT: BAIRD.
ABSTAINED:
NONE.
APPROVED this 15THday of OCTOBER , 1997.
ATTEST:
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