HomeMy WebLinkAboutOrdinances - ORD-00-989 - 09/20/2000 - GRANT VARIANCE 2 SETBACK HOME DEPOT AND MEIJER STOORDINANCE NO. ORD-00-989
AN ORDINANCE GRANTING A VARIANCE TO ALLOW A ZERO SIDE YARD SETBACK
BETWEEN HOME DEPOT AND A RETAIL STORE IN THE MEIJER/HOME DEPOT
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 Home Depot and a retail
store in the proposed Meijer/Home Depot 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 2 and Lot 3 of the proposed
Meijer/Home Depot 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 Home Depot
and a retail store.
LEGAL DESCRIPTION
A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to the
plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats, Page
34, in McHenry County, Illinois, described as follows: commencing at the Southeast
corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds West 1280.67
feet along the South Line of East '/z of the Southwest % of Section 23, Township 43
North, Range 8 East of the Third Principal Meridian; thence North 00 degrees 18
minutes, 34 seconds East 330.00 feet; thence South 88 degrees 49 minutes 06
seconds West 49.50 feet to a point on the West Line of the East '/2 of the Southwest
% of said Section 23; thence North 00 degrees 18 minutes 34 seconds East
1028.52 feet along said West Line; thence North 89 degrees 58 minutes 30 seconds
East 136.51 feet to the point of beginning of the land to be described: thence North
9 degrees 43 minutes fifteen seconds East 358.67 feet; thence North 317.67 feet;
thence East 709.58 feet; thence South 26 degrees 18 minutes 59 seconds East
115.59 feet; thence South 55 degrees 53 minutes 57 seconds East 8.39 feet; thence
South 563.51 feet; thence South 89 degrees 58 minutes 30 seconds East 828.33
feet to the point of beginning. Containing 10.01 acres of land, more or less.
ALSO,
A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section, 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to the
plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats, Page
34, in McHenry County, Illinois, described as follows: commencing at the Southeast
corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds West 1280.67
feet along the South Line of East '/z of the Southwest % of Section 23, Township 43
North, Range 8 East of the Third Principal Meridian; thence North 00 degrees 18
minutes, 34 seconds East 330.00 feet; thence South 88 degrees 49 minutes 06
seconds West 49.50 feet to a point on the West Line of the East '/2 of the Southwest
% of said Section 23; thence North 00 degrees 18 minutes 34 seconds East
1028.52 feet along said West Line; thence North 89 degrees 58 minutes 30 seconds
East 136.51 feet; thence North 9 degrees 43 minutes 15 seconds East 358.66 feet;
thence North 317.67 feet; thence East 709.58 feet to the point of beginning of the
land to be described; thence North 26 degrees 18 minutes 59 seconds West,
231.43 feet; thence North 39 degrees 58 minutes 58 seconds West, 286.92 feet;
thence North 60 degrees 36 minutes 49 seconds West, 319.27 feet to the North line
of the East Half of the Southwest Quarter of said Section 23; thence South 88
degrees 51 minutes 55 seconds West, along said North line, 134.45 feet; thence
South 581.30 feet; thence East 699.58 feet to the point of beginning. Containing
6.61 acres, more or less.
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
building elevations, prepared by Greenberg Farrow, dated August 29, 2000, and the
landscape plan prepared by National Survey and Engineering, dated September 5, 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 rover
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.
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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
CAW CLERK
20TH DAY OF SEPTEMBER
2000
BOLGER GLAB MCCLATCHEY MURGATROYD. BAIRD,
NONE.
011"
20TH DAY OF SEPTEMBER , 2000
AYO R
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