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
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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
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