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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 r 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 E 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 3 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. r 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 4 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. 5 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 R 1.1