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Home My WebLink AboutOrdinances - ORD-03-1155 - 07/07/2003 - GRANT VARIANCE MCHENRY GROUNDS SHOP CTR 17001-1787ORDINANCE NO. ORD-03-1155 AN ORDINANCE GRANTING A VARIANCE OF THE REQUIRED FIVE-FOOT PARKING SCREENING STRIP FOR THE MCHENRY GROUNDS SHOPPING CENTER, 1701-1787 N. RICHMOND ROAD, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by the City and Gus Demas Building Corporation requesting a Variance to reduce the required five foot parking screening strip to three and one- half feet for the McHenry Ground Shopping Center, 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 June 26, 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 15 of the Zoning Ordinance to allow a reduction in the required parking screening strip from five feet to three and one-half feet at the McHenry Commons Shopping Center. 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. 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 DAY OF AYES: NAYS: NnNF ABSTAINED: NONE 2003 ABSENT: NONE NOT VOTING: NONE APPROVED THIS DAY OF , 2003 MAYOR ATTEST: �an CID c CI Cl_ K 0 , CONDON PA EXHIBIT A 'ARCEL 1 % tract of land in the East Half of the Northwest Quarter of Section 26, Town ip 45 North, Range 8. East of the Third 'rincipol Meridian, described as follows: Commencing at a point on the west lie of State Highway No, 31, being 904.68 feet lorth of the -south line of sold Northwest Quarter, sold point of beginning beln6 the Northeast comer of a piece of land seeded by Jacob Freund and Rosa Freund, his wife, to Mnie Justen by Warranty Deed recorded in Book 239 of Deeds, page ,36; thence West clong the north line of sold land so deeded, 165 feat to the. Vorthwest corner of said land so deeded; thence forth of right angles. 380 feet to on iron stake; thence East at right angles, 165 feet to an iron stake on the west line of ;tote Highway 31; thence South along the west lino of said State Highway, 3801. feet to the place of beginning, in McHenry ;ounty, Illinois. 3ARCEL 2 t tract of land in the East Half of the Northwest Quarter of Section 26, Town4hip 45 North. Range 8, East of the Third 'rinclpol Meridion, described as fellows: Commencing at a point on the westely line of State Route No. 31, formerly U.S. route 12, being 264 feet North of the Northeast corner of St. Mors Catholic Cemetery, for a place of beginning; thence Vast at right angles with the said highway, a distance of 165 foot along the northerly line of the piece of property ieretofore conveyed by Jacob Freund and Rosa Freund, his wife, to Paul Gerosc ; thence North at -right angles, a distance of 32 feat; thence East at right angles, a distance of 165 feet to the westerly line of the said highway, thence Southerly along he westerly line of sold highway, to the place of beginning, in McHenry County, tlinois. PARCEL 3 That part of the East Half of the Northwest Quarter of Soction.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 Road, known as McHenry Highway Route 31, and at the Northeast corner of a parcel of -land deeded by Jacob Freund and Rosa Freund, his wife, to Mnie Justen on June 26, 1928 in Book 189 of Deeds on page 215; thence North along the westerly line of said Highway, 132 feet; thence Westerly parallel with the northerly tine of said Lot obove mentioned, 165 feet to a stake; thence South parallel with the westerly line of laid 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, 1$5 feet to the place of beginning, in McHenry County, Illinois. FIECE OR PARCEL OF LAND IN THE EAST HALF OF THE NORTHWEST QUARTER OF ;ECTION 26, TOWNSHIP 45 NORTH, FLANGE 8 EAST, OF THE THIRD PRINCIPAL MRILIAN DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE )F THE MCIENRY-RINGWOOD ROAD (ROUTE 31), WHERE THE NORTHEAST CORNER OF ,Hp CATHOLIC CEMETERY KNOWN AS ST. MARY'S INTERSECTS THE SOUTHERLY LINE �F SAID HIGHWAY; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID iIGHWAY, 8 RODS; THENCE WESTERLY PARALLEL WITH THE NORTH LINE Or^ SAID .EMETERY, 10 RODS; THENCE SOUTH AT RIGHT ANGLES TO THE NORTH LINE O1 'AID CEMETERY ABOVE DESCRIBED; THENCE EASTERLY ALONG THE NORTHERLY LINE �F SAID CEMETERY GROUNDS, 10 RODS TO THE PLACE OF BEGINNING (EXCEPT THE NEST 70 FEET THEREOF), ON MCHENRY COUNTY, ILLINOTS' PIN: 05-26-100406 09-26-100-007 09-26:;J 00-008 09-26=100-01 '1 3