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HomeMy WebLinkAboutOrdinances - ORD-00-969 - 01/12/2000 - GRANT USE VARIANCE AND SETBACK VARIANCE SPRINT PCSORDINANCE NO. ORD-00-969 AN ORDINANCE GRANTING A USE VARIANCE, AND SETBACK AND HEIGHT VARIANCES TO ALLOW A 200-FOOT MONOPOLE COMMUNICATION TOWER AND EQUIPMENT CABINETS APPROXIMATELY 1000 FEET SOUTH OF LINCOLN ROAD, SOUTHWEST OF HILLTOP SCHOOL, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Sprint PCS through their agent Richard Conner Riley & Associates requesting a Use Variance, and Setback and Height Variances to allow a 200-foot monopole communication tower and equipment cabinets approximately 1000 feet south of Lincoln Road, southwest of Hilltop School; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on December 6, 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 changes; 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 changes 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 TH E CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the property located approximately 1000 feet south of Lincoln Road, southwest of Hilltop School, and legally described below be granted a Use Variance for a "radio tower" in the E, Estate district, a Variance to the minimum setbacks in the E, Estate district, and a Variance to the maximum height in the E, Estate district to allow a 200-foot monopole communication tower and equipment cabinets, as provided in the petition. LEGAL DESCRIPTION: The Northeast % of the Southwest % of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, (excepting therefrom, that part of the North 801.33 feet thereof, which lies West of a line 747.75 feet West of and parallel with the East line of the Northeast % of the Southwest % of said Section 25, and except the East 357.77 feet of the North 435.60 feet thereof, and except the South 660 feet of the North 1095.60 feet of the East 421.08 feet thereof, and except the West 230.0 feet of the East 747.75 feet of the North 238.70 feet thereof, also excepting part conveyed by Joseph H. Weber and Adele Weber, his wife to the Township of McHenry, a Municipal Corporation, by Document Number420989, recorded October 7, 1963, described as follows: the North 40.0 feet of the West 456.67 feet of the East 517.75 feet of the Northeast % of the Southwest % of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, excepting therefrom that portion previously used and/or dedicated for road purposes), all in McHenry County, Illinois. Also -the West 3 chains and 62 links of the Northwest % of the Southeast % (excepting the North 1095.60 feet thereof) of Section 25, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. SECTION 2: That the approval of the Use Variance, and Setback and Height Variances as provided in this ordinance is granted subject to the following conditions: 1. The monopole communication tower shall be developed insubstantial conformance with the drawings submitted with the petition, prepared by W-T Engineering, Inc., dated 10/26/99, subject to these conditions. 2. A 6-foot chain -link fence with barbed wire shall be installed and maintained around the perimeter of the tower site. 3. The tower shall be designed and constructed with anti -climbing features. 4. Landscaping shall be installed and maintained around the perimeter of the tower site, subject to review and approval by the City prior to installation. 5. No portion of the tower shall be used for any advertising signs. 6. The tower shall not be illuminated by artificial means and shall not display strobe lights, unless required by a state or federal authority. 7. The tower shall be designed and constructed to accommodate the placement of no fewer than two additional antennas for two additional providers. A copy of the signed lease that includes appropriate guarantees to the City, and agreement to the co -location of facilities and fair market rental rates shall be provided at the time of application for a building permit. 8. The tower shall maintain a galvanized steel finish, or be painted so as to reduce its visual obtrusiveness. 9. If the tower is abandoned or remains unused for a period of one year, it shall be removed within 18 months of its abandonment. A copy of the signed lease that includes this requirement shall be provided at the time of application for a building permit. 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: In granting said Setback and Height Variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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, orpublic safetyorwelfare 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. 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 i2T-H . DAY OF JANUARY ,2000 AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: GLAB, MCCLATCHEY. NONE. APPROVED THIS 12TH DAY OF JANUARY VAYOR ATTEST: CITY CLERW NMI]