HomeMy WebLinkAboutOrdinances - ORD-01-1055 - 12/17/2001 - GRANT VARIANCE 1701 AND 1711 N RICHMOND RD GUS DUMORDINANCE NO. ORD-01-1055
AN ORDINANCE GRANTING A PARKING VARIANCE AT THE
MCHENRY GROUNDS SHOPPING CENTER AND THE PROPERTY TO THE SOUTH,
1711 AND 1701 N. RICHMOND RD, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Gus Demas Building
Corporation requesting a variance from the parking requirements to permit a reduction
of fourteen (14) parking spaces at the McHenry Ground Shopping Center and the lot to
the south, specifically, 1711 N. Richmond Road and 1701 N. Richmond Road; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on November 3, 2001, 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, moraJs and general welfare of its residents,
NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the properties commonly known as 1701 and 1711 N.
Richmond Road, and legally described on attached Exhibit "A", are hereby granted a
variance to Table 13 of the Zoning Ordinance to allow a reduction in the number of
parking spaces required for a restaurant in the McHenry Commons Shopping Center.
subject to the following conditions:
1) Access point onto Illinois Route 31 from the existing hair salon property to
the south, at 1701 N. Richmond Road, shall be fully restored with sod or
seen upon closure.
2) Applicant shall work with the City in completing. the Illinois Route
31iMcCullom Lake Road improvements. Applicant shall dedicate the
necessary amount of right,of=way required in order to complete the
improvements in accordance with the recommendations of the City
Engineer and the Illinois Department of Transportation,
3) Landscaping of the properties at 1701 and 1711 N. Richmond Road shall
be in substantial conformance with the Landscape plan dated Dumber 3,
2001, a copy of which is kept on file with the City.
1
SECTION 2: 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 tiought 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 refer d 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 ptdvisions of the Zoning Ordinance would itsult in
unnecessary and undue hardship upon the applicant, as distinguished from a
mere inconvenience.
5, li' Variance is- - @e - ry for the applicant to presence and a njoy a substantial
property right possessed by other properties in the same zoning district and
does not confer a special privilege ordinarily denied to othef 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.
S. The granting of a Variance will be in harmany 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.
�. The, Variance requested is the minimum requirad to provides the applica-nt vAh
reasonable use and enjoyment of the property.
6
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 17TH DAY OF pErEMRER. , 2001
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NAYS: NONE
ABSTAINED: . NONE
ABSENT:
NONE
NOT VOTING: wn4ir
APPROVED THIS f�TW DAY OF DEGEMBER , 2001
ATTEST:
CI LE RKK
- -_
0 • JFO/
3
EXHIBIT A
PARCEL 1
A troct of land in the East Half of the Northwest Quarter of Section 26. Town hip 45 North, Range 8, East of the Third
Principal Meridian. described as follows: Commencing at a point on the west likke of State Highway No. 31, being 904.68 feet
North of the south line of said Northwest Quarter, said point of beginning beln6 the Northeast comer of a piece of land
deeded by Jacob Freund and Rosa Freund, his wife. to Annie Justen by Worront� Deed recorded in Book 239 of Deeds, page
636; thence West blong the north line of said land so deeded, 165 feel to the Northwest corner of said land so deeded; thence
North at right angles, 380 feet to on iron stake; thence East at right angles, 165 feet to an iron stake on the west line of
State Highway 31; thence South along the west line of said Stale Highway, 380 fact to the place of beginning, in iAcHenry
County, Illinois. -
PARCEL 2
A tract of fond in the East Half of the Northwest Quarter of Section 26. Town4hip 45 North. Range 8, East of the Third
Principal Mendion, descrtibed as follows. Commencing at a point on the westerly line of State Route No. 31. formerly U.S.
Route 12. being 264 feet North of the Northeast corner of St. Mory's Catholic kemetery, for a place of beginning; thence
West at right angles with the acid highway, a distance of 165 foot along the northerly line of the piece of property
heretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul Goroscp; thence North at right angles, a distance of
132 feet; thence East at right angles, a distance of 165 feet to the westerly line of the said highway, thence Southerly along
the westerly line of said highway, to the place of beginning, in McHenry County. Illinois.
PARCEL 3
That part of the East Half of the Northwest Quarter of Section 26, Township 45 North, Range 8, East of the Third Principal
Meridian, described as follows: -Beginning at a point on the west line of McHenry Ringwood Rood, known as McHenry
Highway Route 31, and at the Northeast corner of a parcel of land deeded byJacob Freund and Rosa Freund, his wife, to
Annie Justen on June 26. 1928 in Book 189 of Deeds on page 215; thence Noah along the westerly line of said Highway,
132 feet; thence Westerly parallel with the northerly line of said Lot above mentioned, 165 feet to a stake; thence South
parallel with the westerly line of said Highway. 132 feet to the Northwest corner of a parcel of land mentioned as aforesaid
to A. Justen; thence Easterly along the northerly line of said parcel of land. 165 feet to the place of beginning, in McHenry
County, Illinois.
A PIECE OR PARCEL OF .LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 45P NORTH, RANGE 8 EAST. OF THE THIRD PRINCIPAL
MERIL IAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE
OF THE MCH.ENRY-RINGWOOD ROAD (ROUTE 31), WHERE THE NORTHEAST CORNER OF
THE CATHOLIC CEMETERY KNOWN AS ST. MARY`S INTERSECTS THE SOUTHERLY LINE
OF SAID HIGHWAY; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID
HIGHWAY, 8 RODS; THENCE WESTERLY PARALLEL WITH THE NORTH LINE, OF SAID
CEMETERY, 10 RODS; THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LINE O
SAID CEMETERY ABOVE DESCRIBED] THENCE EASTERLY ALONG THE NORTHERLY LINE
OF SAID CEMETERY GROUNDS, 10 RODS TO THE PLACE OF BEGINNING (EXCEPT THE
WEST 70 FEET THEREOF), ON MCHENRY COUNTY, - ILLINOIS.
PIN. 09-26-100-006
09-26-100-007
09-21'a=100-008
09-26- 100-011
City of McHenry
�x
333 South Green Street McHenry, Illinois 60050-5495
'Wr; gwga� ova �1':��I 9u �. ��•
filwrl..�
CERTIFICATION
Mayor's Office I, Janice C. Jones, City Clerk in and for the City of McHenry,
(8(81 ) 363-21 Illinois and keeper of the official records, files and seal thereof, do
Fax (815) 363-2128 � p �
Clerk's Office hereby certify that the attached document is a true and correct copy of
(8(81 ) 3 3-21 Cityof McHenry Ordinance No. ORD-01-1054 providing for the annual
Fax (815) 363-2128 � p g
Administration Tax Levy for the Fiscal Year beginning May 1, 2001 and ending April
(815) 363-2108
Fax (815) 363-2119 30, 2002. Said Ordinance was approved by the McHenry City Council at
Public Works its December 3, 2001 regularly scheduled meeting and was signed by the
Community Development
(815) 363-2170 Mayor on December 3, 2001.
Fax (815) 363-2173
Parks and Recreation
(815) 363-2160 IN WITNESS WHEREOF, I have hereunto set my hand and
Fax (815) 363-3186
affixed the corporate seal of the City of McHenry, Illinois this 51h day of
Police Non -Emergency
(815) 363-2200 December, 2001.
Fax (815) 363-2149
Mayor (SEAL) Q_ V3 C\o%
Pamela J Althoff Ja Ce . Jones, City k
City Clerk o 7tC of McHe ",Iinois
Janice C. Jones
Treasurer
David M Welter
Aldermen
WARD 1
William J Bolger
WARD 2
Andrew A Glab
WARD 3
Susan E Low
WARD 4
Steven C. Murgatroyd
WARD 5
Richard W. Wimmer