HomeMy WebLinkAboutOrdinances - ORD-02-1093 - 09/16/2002 - GRANT ZONING AND VARIANCES 3102 LINCOLN RD NETTLETORDINANCE NO. ORD-02-1093
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
VARIANCES TO PROPERTY LOCATED AT 3102 LINCOLN ROAD, IN THE CITY OF
MCHENRY, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by William and Nancy Nettleton with the
City requesting a Zoning Map Amendment to C-5, Highway Commercial District, a Use
Variance to allow a residential use thereon, and a front yard setback variance for the
property at 3102 Lincoln Road, legally described on "Exhibit A", attached hereto and
incorporated herein; the "SUBJECT PROPERTY', and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on July 18, 2002, in the manner prescribed by ordinance and
statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission did
recommend to the City Council the granting of the requested Zoning Map Amendment
and Variances, subject to certain conditions and limitations; and
WHEREAS, the City Council has considered the evidence and recommendations
from the Planning and Zoning Commission and finds that the approval of the requested
Zoning Map Amendment and Variances are 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 SUBJECT PROPETY, be granted a Zoning Map
Amendment to C-5, Highway Commercial District.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that
the requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses
and zoning of property in the environs;
2. The requested zoning classification is supported by the trend of
development in the general area;
3. The requested zoning classification is consistent with the objectives of the
City of McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 3: That a use variance to allow the existing residential use and billboards
on the SUBJECT PROPERTY be granted, but only in accordance with the following
conditions:
1. The residential use variance for the SUBJECT PROPERTY shall expire if
the property is not used residentially for a continuous period of one (1)
year, but in no event later than September 16, 2005.
2. The existing billboard located on the west side of the SUBJECT
PROPERTY shall be removed no later than December 16, 2002.
3. The remaining billboard on the SUBJECT PROPERTY shall be removed
no later than September 16, 2003.
4. No changes in the copy of the existing billboards shall be allowed.
5. The SUBJECT PROPERTY shall be maintained in accordance with all
building and maintenance codes adopted by the City.
SECTION 4: In granting said Use Variances, with conditions, 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 5: That the SUBJECT PROPETY, be granted a front yard setback
variance from 30 feet to 20 feet, to accommodate the existing building, conditioned on
the requirement that if the existing building on the SUBJECT PROPERTY is torn down,
any new structure built on the SUBJECT PROERTY will be required to full comply with
regulations of the Zoning Ordinance.
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SECTION 6: In granting said front yard building setback variance, as conditioned
herein, 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 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.
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 7: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
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SECTION 8: 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 9: 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 �W' DAY OF �' �_) , 2002
AYES: BOLGER, GLAB, LOW, MURGATROYD. WIMMER. ALTHOFF
NAYS: NON F
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS DAY OF , 2002
ATTEST:
CITY 7K
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Exhibit A
Legal Description of the SUBJECT PROPERTY
Lot 12 in Block 3, in the Original Plat of the Village (now City) of McHenry East Side of Fox
River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range
8, East of the Third Principal Meridian, according to the plat thereof recorded July 6, 1840 in
Book "B" of Deeds, page 160, in McHenry County, Illinois; ALSO: The West 15.00 feet of the
South 132.00 feet of Vacated Charles Street lying between River Court and Lincoln Road as
described on the Plat of Vacation of Charles Street; recorded July 30, 1982 as Document No.
838998, in McHenry County, Illinois.
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