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HomeMy WebLinkAboutOrdinances - ORD-03-1188 - 06/30/2003 - GRANT ZONING AND USE VARIANCE 2905 W RTE 120 ARCURORDINANCE NO.ORD-03-1188 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND USE VARIANCE TO PROPERTY LOCATED AT 2905 W. ROUTE 120, IN THE CITY OF MCHENRY, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Concetta T. Arcuri with the City requesting a Zoning Map Amendment to C-5, Highway Commercial District and Use Variance to allow a residential use thereon for a period of three (3) years for the property at 2905 W. Route 120, 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 September 19, 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 Use Variance; 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 Use Variance 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 and Use Variance to allow a single-family residential uses thereon. That the Use Variance shall be subject to the following conditions: 1. That residential Use Variance for the SUBJECT PROPERTY shall expire June 16, 2006. 2. That the existing home on the SUBJECT PROPERY shall be demolished no later than June 16, 2006. 3. That the existing home shall be inspected for minimum residential home compliance by the City's Building Commissioner upon annexation to the City. 4. That a one (1) time contribution of five hundred (500) dollars shall be made to the City within thirty (30) days of annexation to the City. Said contribution shall be utilized to towards the cost of the completion of the Northside Avenue Drainage Study. 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: 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. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 30TH DAY OF JUNE , 2003 AYES: BOLGER, 10W, MURGA rROYD,—WiMMER, PETERSON. CONDON NAYS: ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 30TH DAY OF JUNE , 2003 MAYOR ATTEST: �'U,C. CITY7RK 2 Exhibit A Legal Description Of the Subject Property Lots 12 in Block 7 in Edgewater Subdivision, a Subdivision of part of the Northwest Fractional Quarter of Section 36, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof, recorded July 28, 1920 as Document No. 48334 in Book 4 of Plats, page 19, in McHenry County, Illinois.