HomeMy WebLinkAboutOrdinances - ORD-03-1143 - 05/05/2003 - GRANT VARIANCE PAPA SAVERIOS TODD SCOTTORDINANCE NO. ORD-03-1143
AN ORDINANCE GRANTING A PARKING VARIANCE FOR PAPA SAVERIO'S
PIZZERIA AT THE MCHENRY GROUNDS SHOPPING CENTER,
1777 N. RICHMOND ROAD, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Todd Scott requesting a
Variance from the parking requirements to permit a reduction of seventeen (17) parking
spaces at the McHenry Ground Shopping Center, legally described on Exhibit °A",
attached hereto and incorporated herein, the "SUBJECT PROPERTY", said Variance
specifically for Papa Saverios Pizzeria, the "ESTABLISHMENT", 1777 N. Richmond
Road located at the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and
Zoning Commission on March 20, 2003, in the manner prescribed by ordinance and
statute, and as a result of said hearing, the Planning and Zoning Commission 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 Planning and Zoning Commission 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 SUBJECT PROPERTY is hereby granted a Variance to
Table 13 of the Zoning Ordinance to allow a reduction in the number of parking spaces
required for the ESTABLIHMENT in the McHenry Commons Shopping Center, subject
to the following conditions:
1) There shall be no se ting for patrons to dine inside the ESTABLISHMENT at
the SUBEJCT PR4MTY.
2) The delivery drivers for the ESTABLISHMENT shall not access the alley in
the rear of the SUBJECT PROPERTY at any time for the pick-up/delivery of
goods sold at said ESTABLISHMENT.
3) The parking at the SUBJECT PROPERTY shall be monitored for a period of
six (6) months from the date of passage of this Ordinance. From the end of
this six (6) month time period thru the life of the ESTABISHMENT if Staff
determines that parking at the SUBJECT PROPERTY should be reevaluated,
the property owner of the SUBJECT PROPERTY, their successors or
assigns, the "OWNER", shall install "Parking for delivery drivers only" signs or
the like. The location of said signs shall be determined by the CITY in
conjunction with the OWNER.
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 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 3: 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 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 CTH DAY OF MAY, 2003
NAYS: NONE
ABSTAINED:
NONE
ABSENT: NOWF
NOT VOTING:
NONE
APPROVED THIS 5TH DAY OF MAY , 2003
ATTEST:
TY ERK
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EXHIBIT A
PARCEL. 1
A tract of land in the East Half of the Northwest Quarter of Section 26, Towm
Principal Meridian. described as follows: Commencing at a point on the west i
North of the south line of said Northwest Quarter. said point of beginning belni
deeded by Jacob Freund and Rosa Freund, his wife, to Annie Justen by Warrant
635; thence West along the north line of sold land so deeded. 165 feet to the
North at right angles, 380 feet to on iron stake; thence East at right angles,
State Highway 31; thence South along the west line of said State Highway, 38(
County, Illinois.
PARCEL 2
lip 45 North, Range 8, East of the Third
ie of State Highway No. 31, being 904.68 feet
the Northeast comer of a piece of land
Deed recorded in Book 239 of Deeds, page
Northwest corner of said land so deeded; thence
65 feat to on iron stake on the west line of
feet to the place of beginning, in McHenry
A tract of land in the East^ Half of the Northwest Quarter of Section 26, Townhip 45 North, Range 8, East of the Third
Principal Meridian. described as follows. Commencing at a point on the west y line of State Route No.- 31, formerly U.S.
Route 12. being 264 feet North of the Northeast corner of St. Marys Cotholic Cemetery. for a place of beginning; thence
West at right angles with the said highway, a distance of 165 feet along the n rtherly line of the piece of property
heretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Pout Goros ; thence North at right angles, a distance of
132 feet; thence East at right angles, a distance of 165 feet to the westerly ire of the said highway, thence Southerly along
the westerly line of said highway, to the place of beginning. in McHenry County,f Illinois.
PARCEL 3
That part of the East Half of the Northwest Quarter of Section 26, Township '5 North, Range 8, East of the Third Principal
Meridian, described as follows: •Beginning at a point on the west line of McHe ry Ringwood Rood, known as McHenry
Highway Route 31, and at fhe Northeast comer of a parcel of land deeded by cob Freund and Rosa Freund, his wife, to
Annie Justen on June 26. 1928 in Book 189 of Deeds on page 215; thence N th along the westerly line of said Highway,
132 feet; thence Westerly parallel with the northerly line of said Lot above me tioned, 165 feet to o stake; thence South
parallel with the westerly line of said Highway, 132 feet to the Northwest come of a parcel of land mentioned as aforesaid
to A. Justen; thence Easterly along the northerly line of said parcel of land, 1 5 feet to the place of beginning, in McHenry
County, Illinois.
A FTECE OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE .6 EAST, OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE
OF THE MCHENRY-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 OF
SAID CEMETERY ABOVE DESCRIBED; THENCE EAST-ERLY ALONG THE NORTHERLY LINE
OF SAID CEMETERY GROUNDS, 10 RODS TO THE PLACE OF BEGINNING (EXCEPT THE
WEST 70 FEET THEREOF), ON MCHENRY COUNTY,`ILLINOTS.
PIN: 09-26-100-006
09_26-100-007
09-26-100-008
09-26-100-011