HomeMy WebLinkAboutOrdinances - O-99-925 - 08/04/1999 - GRANT ZONING 402 N FRONT ST KIVLEYORDINANCE NO. 0-99-925
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT
AND USE VARIANCE AT 402 N. FRONT STREET,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, an amended petition has been filed with the City by Lowell R. Kivley
requesting a Zoning Map Amendment to 0-1, Local Office, and a Use Variance to allow a
certain additional use at 402 N. Front Street; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on July 12, 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 and Use
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 and Use 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 402 N. Front Street and legally
described below be granted a Zoning Map Amendment to 0-1, Local Office, and a Use
Variance to allow "Musical Instruments Sales and Repair".
LEGAL DESCRIPTION:
Lot 93 in Edgebrook Heights Addition to McHenry Unit No. 1, a subdivision of part of
the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded April 25, 1957 as
Document No. 322211 in Book 13 of Plats, Page 12, in McHenry County, Illinois.
SECTION 2: 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.
SECTION 3: 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 the 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 of the Zoning Ordinance for the
applicable zoning district without the Use Variance.
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
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,
as viewed in light of any changed conditions since their adoption.
SECTION 4: All Ordinance or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 5: 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 6: 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 Grh DAY OF A,Lg„Gr , 1999
AYS: Bolger, Glab, McClatchey, Murgatroyd, Baird.
NAYS: None.
ABSTAINED: Nnno _
ABSENT: None.
NOT VOTING: None.
APPROVED THIS 4ti, DAY OF A„g„Gtt 11999
ATTEST: