HomeMy WebLinkAboutOrdinances - O-98-868 - 04/22/1998 - GRANT VARIANCE MEYER MATERIALORDINANCE NO. 0-98-868
AN ORDINANCE PROVIDING FOR A VARIANCE UNDER
THE ZONING ORDINANCE OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Meyer Material Company, an
Illinois General Partnership, and the Chicago Trust Company, successor trustee to the Chicago
Title and Trust Company, as Trustee under the provisions of a Trust Agreement dated July 17,
1968, and known as Trust No. 53278 for zoning changes to the real estate legally described as
follows:
That part of Section 29, Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Beginning at the West Quarter Corner of said
Section 29; thence South along the West line of said Section 29 to the Northwest
Corner of the South Half of the Southwest Quarter of said Section 29; thence
East along the North line of said South Half of the Southwest Quarter of said
Section 29, to the Southwest Corner of Glacier Ridge Unit No. 2, according to
the Plat thereof recorded August 7, 1978, as Document No. 741873; thence
North along the Westerly line of said Glacier Ridge Unit No. 2, to the Northwest
Corner of said Glacier Ridge Unit No. 2; thence East along the North line of said
Glacier Ridge Unit No. 2 and along the North line of Glacier Ridge Unit No. 1,
according to the Plat thereof recorded August 30, 1977, as Document No.
706672 to an angle point in said North line of Glacier Ridge Unit No. 1; thence
Northeasterly along the Northwesterly line of said Glacier Ridge Unit No. 1 to an
angle point in said Subdivision; thence East along the North line of said Glacier
Ridge Unit No. 1 a distance of 211.91 feet to a point which is 577.41 feet West
from the East line of the West Half of the Northeast Quarter of said Section 29;
thence Northerly 389.81 feet to a point which is 578.25 feet West from said East
line and 1508.6 feet South from the North line of said Northeast Quarter; thence
West parallel with said North line 578.25 feet to the East line of the
aforementioned parcel of land conveyed by Deed recorded in Book 127, page
123; thence North along said East line 1508.6 feet to an intersection with the
North line of the Northeast Quarter of said Section 29; thence West along the
North line of said Section 29 to a point on said North line 500.00 feet East of the
Northeast Corner of the West 100 rods of the Northwest Quarter of said Section
29; thence South parallel with the East line of the West 100 rods of the
Northwest Quarter of said Section 29, a distance of 340.0 feet; thence West,
parallel with the North line of said Section 29 to the East line of the West 100
rods of the Northwest Quarter of said Section 29; thence North along the East
line of the West 100 rods of the Northwest Quarter of said Section 29 to the
North line of said Section 29; thence West along the North line of said Section 29
to the Northwest Corner of said Section 29; thence South along the West line of
said Section 29 to the point of beginning (excepting therefrom that part of the
West 100 rods of the Northwest Quarter of Section 29, Township 45 North,
Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Southwest Corner of said Northwest Quarter; thence North
along the West line of said Northwest Quarter, a distance of 734.12 feet; thence
Easterly along a line forming an angle of 90 degrees, 30 minutes, 48 seconds to
the right with a prolongation of the last described line, a distance of 1020.03 feet
for a point of beginning; thence continuing along the last described line, a
distance of 629.61 feet to a point on the East line of said West 100 rods of said
Northwest Quarter, said point being 681.92 feet North of the Southeast Corner of
said West 100 rods; thence South along the East line of said West 100 rods, a
distance of 681.92 feet to said Southeast Corner; thence West along the South
line of said Northwest Quarter, a distance of 629.74 feet; thence North, a
distance of 701.85 feet to the point of beginning; ALSO, That part of the North
Half of the Southwest Quarter of Section 29, Township 45 North, Range 8 East
of the Third Principal Meridian, lying 200 feet Westerly of (as measured at right
angles to) the West line of Glacier Ridge Unit No. 2, a Subdivision of part of said
Section 29, according to the Plat thereof re -recorded August 17, 1978, as
Document No. 741873), in McHenry County, Illinois. ALSO,
The East Half of the East Half of the Northeast Quarter of Section 30, Township
45 North, Range 8 East of the Third Principal Meridian, in McHenry County,
Illinois. ALSO,
The South Half of the South Half of Section 29 (excepting the South Half of the
Southeast Quarter of Section 29; ALSO excepting that part of the South Half of
the Southwest Quarter of Section 29, described as follows: Beginning at the
Northeast Corner of the South Half of the Southwest Quarter of Section 29 and
running thence West on the North line thereof for a distance of 925 feet to a
point; thence South at right angles to the last described line at the last described
point for a distance of 400 feet to a point; thence Southeasterly on a line forming
an angle of 30 degrees and 30 minutes to the left with a prolongation of the last
described line, at the last described point, for a distance of 285 feet to a point;
thence Southeasterly in a straight and direct line to a point on a line drawn 425
feet West of and parallel to the East line of the South Half of the Southwest
Quarter of said Section 29, said point also being 510 feet North of the South line
thereof; thence South parallel to the East line thereof for a distance of 250.03
feet to a point; thence Southwesterly in a straight and direct line to a point which
is 200.02 feet North of the South line thereof and also being on a line 475 feet
West of and parallel to the East line of the South Half of the Southwest Quarter
of said Section 29; thence South on the last mentioned parallel line for a distance
of 200.02 feet to the South line thereof; thence East on said South line to the
Southeast corner of the Southwest Quarter of Section 29 aforesaid; thence North
to the place of beginning), also (excepting therefrom the following -described
premises, to wit: That part of the South Half of the Southwest Quarter of Section
29, described as follows: Commencing at the Northeast Corner of the South
Half of the Southwest Quarter of Section 29 and running thence West on the
North line thereof for a distance of 925 feet for a place of beginning; thence
South at right angles to the last described line, at the last described point, for a
distance of 400 feet to a point; thence Southeasterly on a line forming an angle
of 30 degrees and 30 minutes to the left with a prolongation of the last described
line, at the last described point, for a distance of 285 feet to a point; thence
Southeasterly in a straight and direct line to a point on a line drawn 425 feet
West of and parallel to the East line of the South Half of the Southwest Quarter
of said Section 29, said point also being 510 feet North of the South line thereof;
thence South parallel to the East line thereof for a distance of 250.03 feet to a
point; thence Southwesterly in a straight and direct line to a point which is 200.02
feet North of the South line thereof and also being on a line 475 feet West of and
parallel to the East line of the South Half of the Southwest Quarter of said
Section 29; thence South on the last mentioned parallel line for a distance of
200.02 feet to the South line thereof; thence West on said South line, a distance
of 200.01 feet to the intersection with a line drawn 675 feet West of and parallel
with the East line of the South Half of the Southwest Quarter of said Section 29;
thence Northerly along the last described parallel line, a distance of 146.47 feet;
thence Northwesterly along a line forming an angle of 31 degrees, 39 minutes,
16 seconds to the right with a prolongation of the last described line, a distance
of 981.75 feet; thence Northerly along a line forming an angle of 31 degrees, 41
minutes, 26 seconds to the right with a prolongation of the last described line, a
distance of 332.15 feet, to the Northerly line of the South Half of the Southwest
Quarter of said Section 29; thence Easterly along said Northerly line, a distance
of 265.24 feet, to the point of beginning) and the East Half of the Southeast
Quarter of Section 30, all in Township 45 North, Range 8 East of the Third
Principal Meridian, in McHenry County, Illinois. ALSO,
All that part of the West Half of the East Half of the Northeast Quarter of Section
30, Township 45 North, Range 8 East of the Third Principal Meridian, which lies
Southerly of the right-of-way line of State Route 120, in McHenry County, Illinois.
WHEREAS, the Conditional Use Permit authorizing the operation of a commercial sand
and gravel business for the above -described premises will expire on May 4, 2008; and
WHEREAS, Petitioner, has requested that a Variance be granted to Chapter XIII,
Section A, paragraph 4 of the Zoning Ordinance of the City of McHenry, as amended, to the
real estate described herein so that the aforesaid Conditional Use Permit may be automatically
extended from May 4, 2008, to May 4, 2018, providing, however, there have been no
substantial or recurring violations of the Annexation Agreement, of Federal or State mining,
environmental, and reclamation laws and regulations, or of the City of McHenry Zoning
Ordinance; and
WHEREAS, the aforesaid variance was requested in order that said Conditional Use
Permit may run concurrently with a Conditional Use Permit to be issued for certain premises
which are the subject of a Petition for Annexation currently pending before the City Council of
the City of McHenry, Illinois; and
WHEREAS, a public hearing on said request was held before the Zoning Board of
Appeals on February 23, 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 change 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: The recitals are hereby incorporated herein by reference.
Section 2: That a Variance is hereby granted to Chapter XIII, Section A, paragraph 4
of the Zoning Ordinance of the City of McHenry, as amended, to the real estate described
herein so that the Conditional Use Permit authorizing the operation of a commercial sand and
gravel business for the above -described premises may be automatically extended from May 4,
2008, to May 4, 2018, providing, however, there have been no substantial or recurring
violations of the Annexation Agreement, of Federal or State mining, environmental, and
reclamation laws and regulations or of the City of McHenry Zoning Ordinance. In granting said
Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have
been met in that:
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: As a condition of approval, the Owners shall request the Department of
Mines and Minerals, Land Reclamation Division of the State of Illinois, and any and all other
agencies that may be necessary or appropriate, to furnish directly to the City the following
department or agency materials and information relating to the operation on the real estate
described herein on a current and ongoing basis throughout the time that any operations are
being conducted thereon pursuant to the Conditional Use Permit:
1. Notice of statutory or regulatory violations;
2. Notice of intent to revoke and bond;
3. Inspection reports;
4. Reports regarding reclamation;
5. Annual aerial photography of the premises;
6. Stop work orders;
7. Complaints or other pleadings involving Department or IEPA actions or procedures
against Owners' operations.
The foregoing material and information may be considered by the City in determining
whether or not there has been any substantial or recurring violation of the conditions of the
Variance hereby granted which would warrant a revocation by the City of the "automatic"
subsequent term of said Conditional Use Permit or any other action pursuant to an Annexation
Agreement or under any City Ordinances.
Representatives of the City may enter upon the real estate where such Conditional Use
Permit operations are being conducted at all reasonable times for the purpose of inspection to
determine whether or not the provisions of the Zoning Ordinance of the City of McHenry, of the
approved Overall Mining Plan and Reclamation Plans, and of any Annexation Agreements have
been complied with.
Section 4: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
Section 5: 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 6: 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 22ND DAY OF APRIL 1998.
NAYS: MC CLATCHEY
ABSTAINED: NONE
ABSENT:
NONE
NOT VOTING: NODE
APPROVED THIS 22ND DAY OF APRIL , 1998.
A OR
ATTEST:
CITY CLERK