HomeMy WebLinkAboutOrdinances - ORD-03-1149 - 04/14/2003 - GRANT ZONING AND VARIANCES APPROVE FINAL PLAT MERORDINANCE NO.ORD-031149
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CERTAIN VARIANCES
AND APPROVAL OF A PRELIMINARY PLAT OF SUBDIVISION TO PROPERTY
LOCATED APPROXIMATELY ONE -QUARTER MILE SOUTH OF BULL VALLEY
ROAD, ON THE EAST SIDE OF ILLINOIS ROUTE 31 IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Mercy Health System Corporation, the
"CONTRACT PURCHASER", requesting a Zoning Map Amendment to 0-2, Office Park
District, approval of certain Variances and approval of the Preliminary Plat of
Subdivision, the "PRELIMINARY PLAT", to the property legally described on "Exhibit A"'
attached hereto and incorporated herein; the "SUBJECT PROPERTY", the
PRELIMINARY PLAT, attached hereto and incorporated herein as Exhibit B; and
WHEREAS, a public hearing on said petitions was held before the Planning and
Zoning Commission on February 20 2003, 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,
said Variances and approval of said PRELIMINARY PLAT; 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, Variances and PRELIMINARY PLAT 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 0-2, Office Park District.
SECTION 2: That the following Variances be granted to the SUBJECT
PROPERTY, referenced herein on the PRELIMINARY PLAT:
Lot width variance from two hundred (200) feet to one hundred
sixty-eight (168) feet and a lot size variance from forty thousand
(40,000) square feet to thirty-eight thousand (38,000) square feet
for Lot seven (7) on the PRELIMINARY PLAT.
2. Lot width variance from one hundred (100) feet to twenty-three (23)
feet for Lot three (3) on the PRELIMINARY PLAT.
3. Use Variance to allow the existing residential use on Lot two (2) on
the PRELIMINARY PLAT, subject to the conditions that said Use
Variance shall expire on May 1, 2006 and within one hundred
twenty (120) days thereafter, all existing structures shall be
demolished, upon issuance of required permits by the City.
SECTION 3: That the PRELIMINARY PAT entitled "PRELIMINARY PLAT —
PROFESSIONAL PLAZA SUBDIVISION", prepared by Vanderstappen Surveying, Inc.,
dated 11/13/02, and bearing a latest revision date of 3/18/03 be and the same is hereby
approved.
SECTION 4: 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:
The requested zoning classifications are compatible with the existing uses
and zoning of property in the environs;
2. The requested zoning classifications are supported by the trend of
development in the general area;
3. The requested zoning classifications are consistent with the objectives of
the City of McHenry Comprehensive Plan; and
4. The requested classifications promote the public interest.
SECTION 5: In granting said Variances, 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.
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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 6: 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.
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SECTION 7: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
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
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
14TH DAY OF APR L , 2003
BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NONE
NONE
NONE
NONE
14TH
CITY C RK 0
DAY OF
APRiL
, 2003
MAYOR
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Exhibit A
Legal Description of the SUBJECT PROPERTY
Cooper Property Legal Description
Parcel 1: - The West 727.24 feet of the North 5 0.3 2 feet 'iri Width of a tract of land described as
follows:
All that part of the West Half of the Southwest Quarter of Section 2, Township 44 North, Range 8
East of the Third -Principal Meridian, described as follows: Beginning at the Southwest corner of said
Section 2 in the center of the public highway and running thence North 191/4 degrees East along the
center line of said highway,11 chains and 76 links, more or less, to the Southwest comer of the piece
of land conveyed by James Vose and wife, to Henry Erwin by Warranty Deed dated November 3,
1866 and recorded in the Recorder's Office in Book 39 of Deeds, page 469; thence East along the.
south line of the piece so conveyed to Henry Erwin,16 chains and 27 links, more or less, to the East
line of the said West Half of the Southwest Quarter; thence South along said East line l j chains and
6 links, more or less, to the south line of said Section; thence West along the south line of said
Section,10 chains and 92 links, more or less, to the place of beginning, in McHenry County, Illinois.
Parcel 2: That part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 44
North, Range 8 East of the Third Principal Meridian, described as follows: Beginning on the East line
of the Southwest Quarter of the Southwest Quarter of said Section 2, at a point 736 feet north from
the south line of said section, and running thence North on said East Line thereof, 'a distance of
264.72 feet to an iron stake: Thence westerly on a line forming an angle of 90 degrees, 43 minutes
to the left; with a prolongation of the last described line, 943.38 feet to an intersection with the
easterly right of way line of the state highway: thence southwesterly along said easterly right of way
line of said state highway, being on a line forming an angle of 71 degrees to the left, with a
prolongation of the last described line, a distance of 279.98 feet to a concrete marker: Thence easterly
in a straight line, a distance of 1031.22 feet, more or less, to the place of beginning (excepting and
reserving therefrom that part thereof described as follows: Commencing on the East lime of the
Southwest quarter of the Southwest Quarter,of said Section 2 at a point.736 feet North from the
South line of said section: thence westerly on'a line forming an angle of 90 degrees 43 minutes to the
left, with a prolongation of the last described line, a distance of 727.94 feet to a point -for a place of
beginning: thence northerly at right angles to the Iast described line, a distance of 94.55 feet to a
point; thence Westerly at right angles to the last described line, a distance of 270.73 feet to an
intersection with the Easterly right of way line of the state highway: thence southwesterly along said
easterly right of way line of said state highway, being on a line forming an angle of 71 degrees to the
left, with a prolongation of the last described line, a distance of 100.00 feet to a concrete marker:
thence easterly in a straight or direct line, 3 03.2 8 feet to the place of beginning, excepting therefrom
any portion of the foregoing described property located within the Professional Plaza Drive dedicated
right of way, in McHenry County, Illinois.
6
Exhibit
Legal Description of the SUBJECT PROPERTY (Cont.)
Pino Property Legal Description
Parcel 3: Part of the West half of the Southwest Quarter of Section 2, Township 44 North, Range
8 East of the Third Principal Meridian, described as follows: Beginning on the East line of the
Southwest Quarter of the Southwest Quarter of said Section 2, at a point 2000.72 feet North from
the South line of said Section; thence North on said East line thereof, a distance of 873.2 feet to an
iron stake; thence westerly on a line forming an angle .of 90 degrees and 43 minutes to the left, with
a prolongation of the last described line, a distance of 652.93 feet, more or less, to an intersection
with the easterly right of way line of the state highway; thence southwesterly along the easterly right
of way line of the state highway, beginning on a line forming anangle of 71 degrees to the left, with
a prolongation of the last described line, for a distance of 923.51.feet to an iron stake; thence easterly
in a straight line, 943.3 8 feet, more or less, to the place of beginning, (excepting therefrom the North
10 acres thereof), excepting therefrom any portion of the foregoing described property located within
the Professional Plaza Drive dedicated right of way, in' McHenry County, Illinois.
A