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
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