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HomeMy WebLinkAboutOrdinances - ORD-01-1053 - 12/03/2001 - GRANT USE VARIANCE LOT 3 LIBERTY SQUAREORDINANCE NO. ORD-01-1053 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW CERTAIN USES ON LOT 3 OF THE PROPOSED LIBERTY SQUARE SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF SHAMROCK LANE AND ILLINOIS ROUTE 31, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by RST Development, LLC requesting a Use Variance to allow certain uses on Lot 3 of the proposed Liberty Square Subdivision; located at the southwest corner of Shamrock Lane and Illinois Route 31; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on August 30, 2001 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 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 3 of the proposed Liberty Square Subdivision, and included in the property legally described and depicted on Exhibit A, is hereby granted a use variance to allow the following uses to be developed on said Lot 3, in accordance with the rules, regulations and ordinances of the City: a) computer sales, rental and service b) donut shop, with retail hours restricted from 6:00 a.m. to 10:00 p.m. c) beauty and barber shops, hair salons d) candy, ice cream, popcorn, nut and yogurt stores e) florist shop f) stationary and office supply stores g) photocopying and printing shops h) hobby and craft stores i) grocery and convenience stores j) appliance and electronics repair k) eyeglass sales and repair 1) photo processing m) video rental n) postal packaging o) shoe repair p) restaurant SECTION 2: 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 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: 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 3RD DAY OF—€99MBER , 2001 AYS: BOLGER, GLAB, LOW, MURGATROYD. WIMMER NAYS: ABSTAINED: ABSENT: NONE NONE NONE NOT VOTING: NONE APPROVED THIS 3RD DAY OF DECEMBER , 2001 MAYOR ATT 'ST: e. CITY ERK 2