HomeMy WebLinkAboutOrdinances - O-98-864 - 04/15/1998 - GRANT ZONING AND VARIANCE ED DONAHUE 503 N FRONT SORDINANCE NO. 0-98-864
AN ORDINANCE PROVIDING FOR A ZONING MAP AMENDMENT AND
VARIANCE UNDER THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, McHenry State Bank Trust No. 13049, Edward Donahue as
Beneficiary, has filed a petition with the City Clerk requesting zoning changes to the real
estate commonly known as 503 N. Front Street, McHenry, Illinois; and
WHEREAS, said real estate consists of approximately 0.5 acres of land, more or
less, and is located on the west side of Front Street, approximately 250 feet south of
Anne Street; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on March 16, 1998, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council the granting of the requested zoning changes; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals and finds that the approval of the requested zoning
changes is consistent with the objectives of the City of McHenry Zoning Ordinance to
protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That a Zoning Map Amendment from RS-3 to C-3, Community
Commercial, is hereby granted for the property commonly known as 503 N. Front
Street, legally described on the Plat of Survey dated 1/30/98, attached hereto and
incorporated herein as Exhibit A. In granting said Zoning Map Amendment, the City
Council finds that the requirements of Table 33 of the Zoning Ordinance have been met
in that:
1. The requested zoning classification is compatible with the existing uses
and zoning of property in the environs;
2. The requested zoning classification is supported by the trend of
development in the general area;
3. The requested zoning classification is consistent with the objectives of the
City of McHenry Comprehensive Plan; and
4. The requested zoning classification promotes the public interest.
SECTION 2: That a Variance to Chapter 5, Table 6 of the Zoning Ordinance is
hereby granted to permit the side yard building setbacks of 9.57 feet from the north
property line and 9.42 feet from the south property line for the existing structure at 503
N. Front Street, as depicted on the Plat of Survey dated 1/30/98, attached hereto and
incorporated herein as Exhibit A. In granting said Variance, the City Council finds that
the requirements of Table 32 of the Zoning.Ordinance have been met in that:
1. 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.
2. The special circumstances referenced herein relate only to the physical
character of the land or building(s) for which a 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.
3. 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.
4. The strict application of the provision of the Zoning Ordinance would result
in unnecessary and undue hardship upon the applicant, as distinguished
from a mere inconvenience.
5. 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.
6. 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 applicant will be deprived of any reasonable use or
enjoyment of the property.
7. 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.
8. 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, as viewed in light of any changed conditions since their adoption.
9. The variance requested is the minimum required to provide the applicant
with reasonable use and enjoyment of his property.
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,
Illinois.
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 15th DAY OF Apri 1 , 1998.
AYES: Bolger, Glab, McClatchey, Baird.
NAYS: None.
ABSTAINED: None.
ABSENT: Murgatroyd .
NOT VOTING: None.
APPROVED THIS 15thDAY OF Apri 1 , 1998.
WR
ATTEST:
�--'
CITY CLERK
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EGAL DESCRIPTION: Part of the Northwest
tarter of the Southwest Quarter of Section 35,
twnship 45 North, Range 8 East of the Third
incipal Meridian, lying on the Westerly side of the
ate Highway, described as follows- Commencing
the West Quarter corner of Section 35, thence
,utherly on the West line thereof, 408 55 feet for a
ice of beginning; thence Easterly on a line parallel
th the East and West Quarter Section Line,
4 60 feet to an intersection with the West line of
e State Highway (now known as Route No 31),
ence Southerly on the West line of said State
ghway, 67.51 feet; thence Westerly on a line
rallel with said East and West Quarter Section
ie, 646 17 feet to the West line of said Section 35,
ence Northerly on said West line thereof, 67 51
et to the place of beginning (excepting therefrom
e West 323 00 feet thereof), in McHenry County,
inois
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