HomeMy WebLinkAboutOrdinances - O-99-922 - 05/05/1999 - GRANT ZONING AND VARIANCES 1014 N RIVER ROAD DANIEORDINANCE NO. 0-99-922
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT
AND VARIANCES AT 1014 N. RIVER ROAD, IN THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Daniel L. Adams
requesting a Zoning Map Amendment to 1-1, Industrial; a Variance to Chapter III,
Section G, of the Zoning Ordinance to permit more than one principal building on a lot;
and a Variance to Table 8 of the Zoning Ordinance to permit the building setbacks for
the existing buildings at 1014 N. River Road (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 Zoning Board of Appeals did
recommend to the City Council the granting of the requested Zoning Map Amendment
and Variances; 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 ,snd Variances are consistent with the objectives of the City of
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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 1014 N. River Road and
legally described below be granted a Zoning Map Amendment to 1-1, Industrial; a
Variance to Chapter III, Section G, of the Zoning Ordinance to permit more than one
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principal building on a lot; and a Variance to Table 8 of the Zoning Ordinance to permit
the building setbacks for the existing buildings.
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF BLOCK 9 IN EDGEWATER SUBDIVISION,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 28, 1920 AS
DOCUMENT NO. 48334, IN BOOK 4 OF PLATS, PAGE 19, AND
RUNNING THENCE EAST ON THE NORTH LINE THEREOF, FOR A
DISTANCE OF 40 FEET TO A POINT; THENCE SOUTH PARALLEL TO
THE WEST LINE THEREOF, FOR A DISTANCE OF 85.00 FEET TO A
POINT FOR THE PLACE OF BEGINNING; THENCE CONTINUING
SOUTH 02 DEGREES, 03 MINUTES, 16 SECONDS EAST (BEARING
ASSUMED) ON THE LAST MENTIONED PARALLEL LINE AND SAID
LINE EXTENDED SOUTH, FOR A DISTANCE OF 118.84 FEET, MORE
OR LESS, TO A POINT ON THE CENTER LINE OF NORTH AVENUE,
NOW VACATED BY DOCUMENT NO. 356419; THENCE SOUTH 39
DEGREES, 41 MINUTES, 38 SECONDS WEST ON SAID CENTER LINE,
FOR A DISTANCE OF 68.68 FEET, MORE OR LESS, TO A POINT ON
THE NORTHEASTERLY LINE OF LINCOLN AVENUE AS SHOWN ON
THE PLAT OF SAID EDGEWATER SUBDIVISION; THENCE NORTH 51
DEGREES, 24 MINUTES, 00 SECONDS WEST ON THE
NORTHEASTERLY LINE OF SAID LINCOLN AVENUE, FOR A
DISTANCE OF 66.94 FEET, MORE OR LESS, TO A POINT ON THE
SOUTH LINE OF LOT 42 OF SUNNYSIDE SUBDIVISION, ACCORDING
TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 13880;
THENCE SOUTH 88 DEGREES, 10 MINUTES, 13 SECONDS WEST ON
THE SOUTH LINE OF SAID LOT 42, FOR A DISTANCE OF 110.16 FEET
TO THE MOST EASTERLY CORNER OF BLOCK 1 OF SAID
EDGEWATER SUBDIVISION; THENCE SOUTH 38 DEGREES, 52
MINUTES, 39 SECONDS WEST ON THE EASTERLY LINE OF SAID
BLOCK 1, FOR A DISTANCE OF 227.85 FEET TO THE
SOUTHEASTERLY CORNER OF SAID BLOCK 1; THENCE NORTH 50
DEGREES, 51 MINUTES, 06 SECONDS WEST, ALONG THE
SOUTHWESTERLY LINE OF SAID BLOCK 1, A DISTANCE OF 100.00
FEET TO THE SOUTHWESTERLY CORNER OF LOT 2 OF SAID
BLOCK 1; THENCE NORTH 38 DEGREES, 56 MINUTES, 22 SECONDS
EAST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, A
DISTANCE OF 124.92 FEET TO THE NORTHWESTERLY CORNER OF
SAID LOT 2; THENCE SOUTH 50 DEGREES, 52 MINUTES, 17
SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID LOT
2, A DISTANCE OF 27.10 FEET; THENCE NORTH 40 DEGREES, 20
MINUTES, 12 SECONDS EAST, A DISTANCE OF 29.78 FEET; THENCE
2
NORTH 50 DEGREES, 11 MINUTES, 58 SECONDS WEST, A
DISTANCE OF 10.00 FEET; THENCE NORTH 39 DEGREES, 45
MINUTES, 06 SECONDS EAST, A DISTANCE OF 151.32 FEET, MORE
OR LESS, TO A POINT ON THE SOUTH LINE OF THE NORTH 100
FEET OF LOT 42 OF SAID SUNNYSIDE SUBDIVISION; THENCE
NORTH 02 DEGREES, 48 MINUTES, 51 SECONDS WEST, A
DISTANCE OF 15.00 FEET; THENCE NORTH 88 DEGREES, 02
MINUTES, 36 SECONDS EAST, A DISTANCE OF 215.12 FEET, MORE
OR LESS, TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM
THAT PART THEREOF DESCRIBED AS FOLLOWS: LOTS 1 AND 2
(EXCEPTING THEREFROM THE NORTHEASTERLY 20 FEET OF SAID
LOT 1 AND EXCEPTING THEREFROM THE NORTHEASTERLY 20
FEET OF THE SOUTHEASTERLY 22.63 FEET OF SAID LOT 2) IN
BLOCK 1 IN EDGEWATER SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION
36, TOWNSHIP 45 NORTH RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY
28, 1920 AS DOCUMENT NO. 48334, IN BOOK 4 OF PLATS, PAGE 19)
IN MCHENRY COUNTY, ILLINOIS.
ALSO
LOT 6 IN BLOCK 2 IN EDGEWATER SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE NORTHWEST FRACTIONAL
QUARTER OF SECTION 36, TOWNSHIP 45 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 28, 1920 AS DOCUMENT NO. 48334, IN
BOOK 4 OF PLATS, PAGE 19, IN MCHENRY COUNTY, ILLINOIS.
ALSO
THAT PART OF NORTH AVENUE AND PLYMOUTH LANE LYING
ADJACENT TO THE ABOVE DESCRIBED PARCELS IN EDGEWATER
SUBDIVISION, BEING A SUBDIVISION OF PART OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING
TO THE PLAT THEREOF RECORDED AS DOCUMENT NO. 48334, IN
MCHENRY COUNTY, ILLINOIS.
SECTION 2: That the approval of the Variances as provided in this ordinance are
granted subject to the following conditions:
1. Vehicular access from the Subject Property to Plymouth Lane shall be
prohibited. A fence and landscaping shall be installed on the vacated
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portion of Plymouth Lane. Fence installation shall be in accordance with
applicable codes and ordinances. Landscaping shall be reviewed and
approved by the City Council prior to installation.
2. A minimum setback of fifty (50) feet from all property lines shall be
required for all future additions, or expansions to existing structures on the
Subject Property.
3. The permitted uses of the existing building on Lot 6 of the Subject
Property, as provided in Group T: Permitted Uses in the 1-1 Industrial
District, of the Zoning Ordinance of the City of McHenry, shall be restricted
by prohibiting the following uses: Bakery Plants; Commercial Schools,
such as for business or electronics; Dry cleaning plants and laundries;
Golf courses and country clubs, private; Radio and television stations and
studios; Recording studios; or Wholesaling.
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 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.
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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:
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
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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 5: All Ordinance 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.
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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 5TH DAY OF MAY , 1999
AYS: BOLGER, MURGATROYD, BAIRD,
NAYS: GLAB .
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
6. �110 - I Mfd-M
NONE.
NONE.
5TH DAY OF MAY
1999
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