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HomeMy WebLinkAboutOrdinances - O-99-916 - 06/14/1999 - GRANT ZONING CUP AND VARIANCE 3925 W RTE 120 CENTORDINANCE NO. 0-99-916 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCE AT 3925 W. ROUTE 120, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City Clerk by Centrum Equities requesting A Zoning Map Amendment, Conditional Use Permit, and Variance at 3925 W. Route 120; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on April 5, 1999, 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 Map Amendment, Conditional Use Permit, and Variance; 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 Map Amendment, Conditional Use Permit, and Variance 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 property commonly knows as the portion of 3925 W. Route 120 along Main Street, and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a Zoning Map Amendment to C-5, Highway Commercial. SECTION 2: That the property commonly knows as 3925 W. Route 120 and legally described on Exhibit B, attached hereto and incorporated herein by reference ("Subject Property"), be granted a Conditional Use Permit for a drive-thru service lane, and Variance to the required 10-foot side building setbacks from the east and west property line. SECTION 3: That the approval of the Conditional Use Permit and Variance as provided in this ordinance is granted subject to the following conditions: 1. The property shall be developed in substantial conformance with the latest drawings submitted as part of the zoning application materials, which include the site plan prepared by Hirsch Associates LLC., dated May 03, 1999, the building elevations prepared by Hirsch Associates LLC., dated April 28, 1999 (with the exception of any signage indicated on said plans), and the landscape plans prepared by Appold Design, Inc., dated April 19, 1999. 2. No parking shall be permitted in the public alley to the west of the Subject Property, or in the area to the south of the building. 3. The design and construction of the masonry wall to the south of the building shall be developed in substantial conformance with the design indicated on the building elevations plan sheet prepared by Hirsch Associates LLC., dated April 28, 1999, 4. The record owner of the Subject Property shall be responsible for the continued maintenance and upkeep of the public alley to the west of the Subject Property, including without limitation snow removal, landscape maintenance, and pavement repairs. ' SECTION 4: 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: The requested zoning classification is compatible with the existing uses and zoning 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 classification promotes the public interest. SECTION 5: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled; 3. 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. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area; 5. 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; and 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 6: 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 reasonable 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 the variance is sought, such as dimension, 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, not 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 the 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 provisions 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 it may have this effect, but because without the 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 the property. SECTION 7: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall be ptjblished in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 9: 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 1 4TH DAY OF JUNIF , 1999 AYS: BOLGER, MCCLATCHEY, MURGATROYD, BAIRD. NAYS: GLAB . ABSTAINED: NONE. ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS 14TH DAY OF JUNE , 1999 YOR = � L—L ATTEST: rA—M / MEWMWK DNA EXHIBIT A LOTS 1 AND 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 14; AND LOT 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 15, ALL IN BLOCK 3, ACCORDING THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14086, IN BOOK 2 OF PLATS, PAGE 39, IN WEST MCHENRY A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. ALSO, LOTS 11, 12 AND 13 IN BLOCK 3 IN THE ORIGINAL PLAT OF WEST MCHENRY, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 26, AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859, IN BOOK 24 OF DEEDS, PAGE 22, IN MCHENRY COU:: fY, ILLINOIS. EXHIBIT B LOTS 11, 12 AND 13 IN BLOCK 3 IN THE ORJGINAL PLAT OF WEST MCHENRY, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 26, AND THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST 'OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859, IN BOOK 24 OF DEEDS, PAGE 22, IN MCHENRY COU; : (Y, ILLINOIS. LOT 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 5; LOTS 1, 2 AND 3 IN COUNTY CLERK'S SUBDIVISION OF LOT 6; LOT 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 7; LOTS 1 AND 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 14; AND LOT 2 IN COUNTY CLERK'S SUBDIVISION OF LOT 15, ALL IN BLOCK 3, ACCORDING THE PLAT THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO. 14086, IN BOOK 2 OF PLATS, PAGE 39, IN WEST MCHENRY A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS. ALSO, Lots 1, 2, and 3 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois. ALSO The East 28 feet of Lot 5 and the West 16 feet of Lot 4 in Block 3 in the Original Plot of West McHenry, being a port of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois. ALSO East 50 feet of Lot 4 in Block 3 in the Original Plat of West McHenry, being a part of the Southwest Quarter of Section 26 and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded June 14, 1859 in Book 24 of Deeds, page 23, in McHenry County, Illinois.