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HomeMy WebLinkAboutOrdinances - ORD-00-955 - 04/05/2000 - GRANT ZONING AND VARIANCE 712 N FRONT YONG SUK CHAORDINANCE NO. ORD-00-955 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND VARIANCE AT THE SOUTHEAST CORNER OF FRONT STREET AND KANE AVENUE (712 N. FRONT STREET), IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Yong Suk (Danny) Chang, Contract Purchaser, requesting a Zoning Map Amendment to C-3, Community Commercial, and a Var;ance to reduce the rear setback from 15 to 10 feet at the southeast corner of Front Street and Kane Avenue (712 N. Front Street); and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on February 21, 2000, 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 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 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 know as the southeast corner of Front Street and Kane Avenue (712 N. Front Street) and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a 1 Zoning Map Amendment to C-3, Community Commercial, and a Variance to reduce the rear setback from 15 to 10 feet. SECTION 2: That the approval of the 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 Site Plan, Floor Plan and Building Elevations prepared by Architectural Services, Inc., dated 9/9/99 and last revised on 11/2/99. 2. The permitted ground sign for the subject property shall be limited to a monument type design, located within twenty-five feet of the west property line, and with a maximum height of eight feet. 3. Landscaping shall be installed and maintained along the east property line to buffer the building and parking area from adjacent residential properties; and 4. Building and parking lot lighting shall be designed and installed so that it does not shine beyond the property line. 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 of 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. 4. The requested classification promotes the public interest. 2 SECTION 4: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 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 vAll 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. 3 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. 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 5th DAY OF April 2000 AYS: NAYS: ABSTAINED: ABSENT: Bolger, McClatchey, Murgatroyd, Baird. Glab. None. None. NOT VOTING: Nnnt- - APPROVED THIS 5th DAY OF April '2000 ATTEST: 0/5 We] I VLSI I =1 N 0; 4 Exhibit A Legal Description of the SUBJECT PROPERTY rhArPART OF THESC4rrh`Wfi3T QUARTO? OF THE NORTHWEST ouARrix oFsEcriom 3s. rowni5mtp 4smoRrm, RANGE a EA3roF THE THIRD PRINCIPAL mcnotAm. oESCRIOED As FOLLOWS: COMMSYCIN9 A r THE NOR rHwEy r CORNM OF BLOCK 2 OF WA rrLE*S SECOND AcoirioNtOA4CUEVRY.ASUBOfMlCH.oFPARrOFT74El4oRr)iWESrQUARrE?OFSA10 SECTION 35. TOWNSHIP 4S NORTH. RANGE 8 EAST OF THE THIRD PRIMCIPALmOnOIAN. AccoRwNa To THE PLA r rHEREOPRECORCED APRIL S. 1-921. AS oocumEyrNO. 77644. IN 600K 5 OF PLATS. PACE 94: THENCE wor ALONG THE SOUTH LINE QFPARX AMUE ExmNcm. M.0 FEET FOR A PLACE OF BEOINNING; rMVVCE SOUTH PARAUEL WITH THE wrsr UNE OF rHEAFORESAIO BLOCK J. 132.0 FEET. THOiCE WEST PAPALLEt WITH THE SOUTH LINE OF PARK AVVrUE E;XTENOED. 102.t2 FEET TO THE EAjrERLr LINE OFA PUBUC HIGHWAY (STATE ROUTE 31): THLNCE NORr)4v?trALONG SAID EJ-SrE)?Lr UN& 122.01 FEET To THE SOUTH LINE OF PARK AYME EXTENDED; THENCE WT ALONG SAID SOUTH LINE EXTV40EV. ID6.95 FEET To THE PLACE OF BEaINNINO. IN A4CHOfRY COUNTY. ILUNCIS.