HomeMy WebLinkAboutOrdinances - O-98-891 - 12/14/1998 - GRANT ZONING AND USE VARIANCE PRIME COMMERCIAL 420ORDINANCE NO. 0-98-891
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT
AND USE VARIANCE AT 420 NORTH FRONT STREET,
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by FIRST MIDWEST
BANK, as Trustee under Trust No. 3897, the record title holder, and PRIME
COMMERCIAL CORPORATION, contract purchaser, requesting a Zoning Map
Amendment to 0-2, Office Park, and a Use Variance to allow multiple commercial uses
for the property commonly known as 420 North Front Street, which property is legally
described on Exhibit A, attached hereto and made a part hereof (the "Subject Property);
and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on September 14, 1998, and continued to October 19, 1998, in the manner
prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the taking of evidence, and the viewing of
exhibits advanced thereat, the Zoning Board of Appeals did unanimously recommend
approval of the requested Zoning Map Amendment and Use Variance to the City
Council; and
WHEREAS, the City Council has considered the evidence and report from the
Zoning Board of Appeals and finds that the approval of the requested Zoning Map
Amendment and Use Variance, as conditioned herein, 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 the Subject Property be granted a Zoning Map Amendment to
0-2, Office Park District.
SECTION 2: That, as conditioned herein, the Subject Property be granted a Use
Variance to allow the following uses:
1. Antique Shop
2. Art Shop or Gallery
3. Barber/Beauty Shop/Hair Styling Salon
4. Bookstore or Book and Stationary Store
5. Camera Shop and Photographic Supplies
6. China and Glassware Store
7. Coin and Philatelic Shop
8. Dressmaking
9. Dry Cleaner and Laundry (Processing Done Off -site)
10. Florist Shop
11. Gift or Card Shop
12. Hobby and Craft Store
13. Interior Decorating Shop
14. Jewelry Sales and Repair
15. Musical Instruments Sales and Repair
16. Optician Sales (Retail)
17. Philanthropic and Charitable Organizations
18. Travel Bureau
SECTION 3: 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 proposed use(s) or the uses permitted under the proposed zoning
classification are compatible with existing uses or existing zoning of property in
the environs.
2. The trend of development in the general area since the original zoning of the
affected property was established supports the proposed use or zoning
classification.
3. The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any changed conditions
since the adoption of the Plan.
4. The proposed use or zoning classification promotes the public interest and not
solely the interest of the applicant.
SECTION 4: In granting said Use Variance, the City Council finds that the
requirements of Table 32(A) of the Zoning Ordinance have been met in that:
1. The strict application of the provisions of the Zoning Ordinance relating to the use
of the buildings or structures, or the use of land, would result in unnecessary and
undue hardship upon the applicant, as distinguished from a mere inconvenience.
2. The property cannot yield a reasonable return if permitted to be used only under
the conditions allowed by the regulations in the Zoning Ordinance for this zoning
district
3. Special circumstances exist that are peculiar to the property for which the use
variance is sought and that do not apply generally to other properties in the same
zoning district.
4. The granting of the use variance will not alter the essential character of the
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locality nor substantially impair environmental quality, property values, or public
safety or welfare in the vicinity.
5. The granting of the use variance will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the Comprehensive Plan of the City.
SECTION 5: That the approval of the Use Variance as provided in this
Ordinance is granted subject to the condition that the Subject Property be developed in
substantial conformance with the site plan prepared by Smith Engineering Consultants,
Inc., dated 9/22/98, and the building elevations prepared by McCormack + Etten
Architects, dated 8/20/98, which were submitted by the applicant.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 14TH DAY OF DECEMBER , 1998.
AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: NONE.
ABSTAINED: NONE.
ABSENT: NONE,
NOT VOTING: NONE.
APPROVED THIS 14TH DAY OF DECEMBER , 1998.
ATTEST:
�i
CITY CLERK
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EXHIBIT A
LEGAL DESCRIPTION:
That part of the Northwest Quarter of the Southwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, described as follows: Commencing
at the West Quarter corner of Section 36; thence Easterly on the East and West Quarter
Section line, 715.0 feet to an intersection with the East line of the state highway, (now
known as Route 31); thence Southerly on the East line of said highway, 288.92 feet for
a place of beginning; thence continuing Southerly on said East line 366.08 feet; thence
North 88 degrees, 49 minutes, 22 seconds East parallel with the East and West Quarter
section line, 293.41 feet to a point 297.0 feet West of the East line of the Northwest
Quarter of the Southwest Quarter of said Section 35; thence North 14 degrees, 17
minutes, 48 seconds East, 75.75 feet; thence North 88 degrees, 49 minutes, 22
seconds East , 31.32 feet; thence North 0 degrees East, 122.06 feet; thence North 16
degrees, 26 minutes 40 seconds West 176.72 feet; thence South 88 degrees, 49
minutes, 22 seconds West, 302.49 feet to the place of beginning, in McHenry County,
Illinois.
Parcel Index Number: 09-35-302-012
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