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HomeMy WebLinkAboutOrdinances - O-98-897 - 11/23/1998 - GRANT ZONING AND VARIANCEPACINI GROUP KRESSWOOD TRORDINANCE NO.0-98-897 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND VARIANCE FOR PROPERTY LOCATED ON THE NORTH SIDE OF BULL VALLEY ROAD, EAST OF CRYSTAL LAKE ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City Clerk by PARKWAY BANK AND TRUST COMPANY, as Trustee under Trust No. 10693, the record title holder, and the PACINI GROUP, L.L.C., contract purchaser, requesting a Zoning Map Amendment to RA-1, Attached Residential, and a variance to allow more than one building on a zoning lot for property located on the north side of Bull Valley Road, approximately one - quarter mile east of Crystal Lake Road 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 28, 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 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 Variance are 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 RA-1, Attached Residential District. SECTION 2: That the Subject Property be granted a Variance to allow more than one principal building on a zoning lot. 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 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 variances 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 cant' 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 variances 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 granting of a variance is necessary not because it will increase the applicant's economic return, although they 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 a 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 23RD DAY OF NOVEMBER , 1998. AYES: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NAYS: NONE. ABSTAINED: NONE. ABSENT: NONE. NOT VOTING: NOMF APPROVED THIS 23RD DAY OF NOVEMBER 1 1998. ATTEST: EXHIBIT A LEGAL DESCRIPTION: That part of the Northwest Quarter of Government Lot 1 of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian, being described as follows: Beginning at the intersection of the South line of the Northwestern Quarter of Government Lot 1 with the Westerly right-of-way line of the Chicago and Northwest Railway Company, thence South 89 degrees, 09 minutes, 06 seconds West along the South line of said Northwest Quarter, 1115.12 feet; thence North 0 degrees, 50 minutes, 44 seconds West, 666,60 feet to the North line of the South 10 chains and 10 links of said Northwest Quarter; thence North 89 degrees, 09 minutes, 16 seconds East along said North line, 1499.30 feet to the Westerly right-of-way line of the Chicago and Northwest Railway Company; thence South 29 degrees, 07 minutes, 01 seconds West along said Westerly right-of-way line, 769.24 feet to the place of beginning, in McHenry County, Illinois.