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HomeMy WebLinkAboutOrdinances - ORD-00-988 - 09/20/2000 - GRANT VARIANCE 1 SETBACK KOHLS AND MULTI-TENANT SHORDINANCE NO. ORD-00-988 AN ORDINANCE GRANTING A VARIANCE TO ALLOW A ZERO SIDE YARD SETBACK BETWEEN KOHL'S AND A MULTI -TENANT SHOPPING CENTER IN THE MCHENRY TOWNE CENTRE SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Rubloff Development Group requesting a variance to allow a zero side yard setback between Kohl's department store and a multi -tenant shopping center in the proposed McHenry Towne Centre Subdivision; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on August 21, 2000, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested 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 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 known as Lot 1 and Lot 2 of the proposed McHenry Towne Center Subdivision, and legally described below, is hereby granted a variance to Table 6 of the Zoning Ordinance to allow a zero side yard setback between Kohl's department store and a multi -tenant shopping center. LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 89 DEGEES 28 MINUTES 57 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION, 40 FEET TO A POINT ON THE EAST LINE OF ILLINOIS ROUTE 31 PER DOCUMENT NUMBER 73- 3756; THENCE NORTH 00 DEGREES 12 MINUTES 35" WEST ALONG THE EAST LINE OF SAID ROUTE 31, 601.63 FEET; THENCE NORTH 08 DEGREES 19 MINUTES 16 SECONDS EAST, ALONG THE EAST LINE OF SAID ROUTE 31, 101.12 FEET; THENCE NORTH 02 DEGREES 04 MINUTES 51 SECONDS EAST ALONG THE EAST LINE OF SAID ROUTE 31, 426.31 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH 02 DEGREES 04 MINUTES 51 SECONDS EAST, ALONG THE EAST LINE OF SAID ROUTE 31, 74.09 FEET; THENCE NORTH 90 DEGREES 00 MINUTES, 00 SECONDS EAST 330.4 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 24.05 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 181.08 FEET; THENCE 45 DEGREES 00 MINUTES 00 SECONDS EAST 21.21 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 155.00 FEET; THENCE SOUTH 90 DEGREES 00 MINUTE 00 SECONDS WEST 216.07 FEET TO A POINT ON THE EAST LINE OF SAID ROUTE 31; THENCE NORTH 05 DEGREES 15 MINUTES 10 SECONDS EAST 455.71 FEET ALONG THE EAST LINE OF SAID ROUTE 31 TO A POINT ON THE SOUTH LINE OF THAT PART OF LAND CONVEYED OR TAKEN BY THE STATE OF ILLINOIS PER CASE NUMBER 73-3756; THENCE SOUTH 90 DEGREES 41 MINUTES 03 SECONDS EAST 281.78 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 82 DEGREES 45 MINUTES 57 SECONDS EAST 213.60 FEET ALONG SAID SOUTH LINE; THENCE SOUTH 64 DEGREES 35 MINUTES 45 SECONDS EAST 429.23 FEET ALONG SAID SOUTH LINE; SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 331.02 FEET; THENCE SOUTH 17 DEGREES 19 MINUTES 16 SECONDS WEST 94.66 FEET; THENCE 90 DEGREES 00 MINUTES 00 SECONDS WEST 383.65 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 46.44 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 198.50 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 13.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 105.10 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST 19.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 222.09 FEET TO THE POINT OF BEGINNING. CONTAINING 11.7643 ACRES OF LAND, MORE OR LESS. ALSO, THAT PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 89 DEGREES 28 MINUTES 57 SECONDS EAST, ALONG THE SOUTH LINE OF SAID SECTION, 40 FEET TO A POINT ON THE EAST LINE OF ILLINOIS ROUTE 31 PER DOCUMENT NUMBER 73-3756; THENCE NORTH 00 DEGREES 12 MINUTES 35 SECONDS WEST ALONG THE EAST LINE OF SAID ROUTE 31, 601.63 FEET; THENCE NORTH 89 DEGREES 28 MINUTES 57 SECONDS EAST 251.42 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 499.43 FEET; THENCE EAST 105.10 FEET; THENCE NORTH 13.00 FEET; THENCE EAST 198.50 FEET; THENCE NORTH 46.44 FEET; THENCE EAST 383.65 FEET; THENCE SOUTH 17 DEGREES 19 MINUTES 16 SECONDS WEST 32.28 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 35 SECONDS EAST 561.92 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 57 SECONDS WEST 453.84 FEET; THENCE NORTH 76 DEGREES 2 46 MINUTES 32 SECONDS WEST, 168.38 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 57 SECONDS WEST, 61.96 FEET, TO THE POINT OF BEGINNING. SITUATED IN MCHENRY COUNTY, STATE OF ILLINOIS. SECTION 2: That the approval of the variance as provided in this ordinance is granted subject to the condition that the property shall be developed in substantial conformance with the latest drawings submitted for zoning approval, which include the exterior building elevations prepared by KKE Architects, Inc., dated July 21, 2000, and the landscape plan prepared by Webster, McGrath & Ahlberg Ltd., dated July 6, 2000. SECTION 3: In granting said variance, 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 reasonably 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, 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 4: All Ordinances 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 _ AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS ATTEST: 20TH DAY OF SEPTEMBER 2000 BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NONE. NONE. 20TH DAY OF SEPTEMBER 2000 AYOR 4