HomeMy WebLinkAboutOrdinances - ORD-02-1067 - 04/15/2002 - GRANT VARIANCE 1580 S RTE 31 HORIZON PIPELINE=_Awl�i2F�
ORDINANCE NO. ORD-02-1067
AN ORDINANCE GRANTING A VARIANCE TO ALLOW THREE PRINCIPAL
BUILDINGS ON A ZONING LOT AT 1580 SOUTH ILLINOIS ROUTE 31, IN
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Horizon Pipeline Company,
LLC, which owns property at 1580 South Illinois Route 31, the property legally
described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT
PROPERTY". That portion of the SUBJECT PROPERTY that is wholly or in part related
to the requested variance is legally described on Exhibit "B", attached hereto and
incorporated herein, the "VARIANCE PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on March 14, 2002, 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 VARIANCE PROPERTY is hereby granted a variance to
Table 13 of the Zoning Ordinance to permit three (3) principal buildings on a zoning lot,
subject to the following conditions:
1) That the roofs of the buildings constructed on the VARIANCE PROPERTY
shall consist of steel replaceable sections and be of similar design, color and
material as depicted on the photograph submitted as part of the application
packet, attached hereto and incorporated herein by reference.
2) That the exterior of the buildings shall be covered with a brick -like material
and be of similar design, color and material referenced as a material Exhibit
during the March 14, 2002 Zoning Board of Appeals public hearing.
3) That the VARIANCE PROPERTY shall be developed in substantial
accordance with the site, landscaping and elevation plans submitted as part
of the application packet and referenced as Exhibits one (1) and two (2) and
landscape planting plan, attached hereto and incorporated herein by
reference.
4) That the property owner shall grant a right-of-way to the City at the western
end of the SUBJECT PROPERTY. The size and exact location of said right-
of-way shall be determined and an agreement between the City and property
owner shall be finalized no later than ninety (90) days from the date of
passage of this Ordinance.
5) There shall never be any gas odors emanating from the VARIANCE
PROPERTY at any time.
6) That the paving of the access road to the VARIANCE PROPERTY shall be in
substantial accordance with the recommendation of City staff.
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:
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.
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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 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 1;TH DAY OF A.RRI 1- , 2002
AYES: BOLGER, GLAB, LOW, WIMMER
NAYS: NONE
ABSTAINED: NONE
ABSENT: MURGATROYD
NOT VOTING: NONE
APPROVED THIS 15TH DAY OF APRI L , 2002
ATTEST:
csL C _
CIT7K
MAYOR
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EXHIBIT A
'4m South 75.0 feet of the West Half of the northwest Quarter of
Section 11 and Via South 75.0 feet of that part of the North-
east Quarter of Section 10, lying Easterly of the centerline
,of Illinois Route 31, described as follows Seginning at the
Southeast Corner of said Northeast Quarter of -Section 10; thence
West 1331.30 feet along the South line of the Northeast Quarter
of Section 10 to the centerline of Illinois Route 31; thence
North 27 degrees, 08 minutes, 20 seconds East 84.28 feet along
said Highway centerline to a point 75.0 feet North of the South
line of the Northeast Quarter Section; thence East 1293.31 feet
parallel with and 75.0 feet North of said South line of the
Northeast Quarter of Section 10 to s point on the West line of
Section 11; thence South 89 degrees, 56 minutes, 30.4econds
(East 1317.89 feet parallel with and 75.0 feet North of the South
;line of the West Halt of the Northwest Quarter of Section 11
'to a point on the East line of said West Half of the Northwest
;Quarter of Section 11; thence South 0 degrees, 10 minutes,
150 seconds West 75.0 feet along said East line of the West Half
of the Northwest Quarter of Section 11 to the Southeast Corner
of the West Half of the Northwest Quarter Section; thence
North 89 degrees, 56 minutes, 30 seconds West 1318.02 feet along
the South line of the West Half of the Northwest Quarter
Section to the place of beginning, in Township 44 North,
Range 8, East of the Third principal Meridian, in McHenry
County, Illinois.
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EXHIBIT B
The property consists of .60 acres, more or less, and is located approximately 1,500 feet east of
Route 31 is a parcel of property that is 75 feet by 350 feet and along the southerly border of Tonyan
Industrial Park and is legally described as follows:
A metes and bounds description of a proposed meter station, located in the West Half
of the Northwest Quarter of Section 11, Township 44 North, Range 8 East, McHenry
County, Illinois; being more particularly described as follows:
Beginning at a point at the southeast comer of the West Half of the Northwest
Quarter of Section 11, Township 44 North, Range 8 East; thence North 89' 56' 30"
West along the South Half of the Northwest Quarter of Section 11, a Distance of 350
feet to a point; thence North 00° 10' 50" East, a distance of 75 feet to a point; thence
South 89 ° 56' 30" East, a distance of 350 feet to a point on the East property line,
also being the east line of said West Half of the Northwest Quarter of Section 11;
thence South 00° 10' 50" west, along said east property line, a distance of 75 feet to
the point of beginning.
PIN: 14-11-100-010
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