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Home My WebLink AboutOrdinances - ORD-04-1225 - 09/20/2004 - GRANT VARIANCE 3710 W ELM ST RON BYKOWSKIORDINANCE NO. ORD-04-1225 AN ORDINANCE GRANTING A PARKING VARIANCE FOR THE PROPERTY LOCATED AT 3710 W. ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City of McHenry ("CITY") by Ron Bykowski requesting a variance from the parking requirements in Table 13 of the CITY'S Zoning Ordinance, to permit a reduction of sixteen (16) parking spaces, for the property located at 3710 W. Elm St., 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 August 21, 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 CITY'S Zoning Ordinance to allow a reduction in the number of parking spaces required, to allow twenty-eight (28) parking spaces instead of the required forty-four (44) parking spaces with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the site plan, floor plan and building elevations prepared by John Zabor Architects dated 10/15/03 and bearing a latest revision date of 8/3/04, collectively (the "SITE PLAN") attached hereto and incorporated herein as Exhibit "B". 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 �n�� , 2004 AYES: BOLGER, GLAB, LOW, MORGATROYD, WIMMER, PETERSON, CON ON NAYS: NONE ABSTAINED: NONE NONE ABSENT: NOT VOTING: NONE -- APPROVED THIS_ DAY OF .2004 YOR ATTEST: %u. . CIT CL { WA EXHIBIT "A" Legal Description of the SUBJECT PROPERTY PARCEL i PART OF LOT 17 OF MATT BAUR'S ADDITION TO THE CITY OF MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 2, 1932 AS DOCUMENT NO. 100509 IN BOOK 7 OF PLATS, PAGE 42, DESCRIBED AS FOLLOWS; TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTHEASTERLY ON THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 25.56 FEET; THENCE NORTHWESTERLY ON A LINE FORMING AN ANGLE OF 82 DEGREES AND 53 MINUTES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE OF 98.78 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID LOT 17; THENCE SOUTHERLY ON THE LINE BETWEEN LOTS 16 AND. 17, A DISTANCE OF 105.08 FEET TO THE PLACE OF BEGINNING; SAID MATT BAUR'S ADDITION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 2 A PARCEL OF LAND LYING NORTH OF AND ADJOINING LOT 14 OF MATT BAUR'S ADDITION, DESCRIBED AS FOLLOWS, TO WIT; COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 14; THENCE SOUTHWESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT, A DISTANCE OF 50 FEET TO A POINT 250 FEET NORTHWESTERLY, MEASURED ON THE WESTERLY LINE OF SAID LOT FROM THE MOST SOUTHERLY CORNER THEROF; THENCE SOUTHEREASTERLY, 24.81 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 14, THENCE NORTHEASTERLY, 55.82 FEET TO THE PLACE OF BEGINNING; THE ABOVE DESCRIBED LAND BEING LOCATED IN AND BEING PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 3 LOT 14 OF MATT BAUR'S ADDITION TO THE CITY OF MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY, 1932 AS DOCUMENT NO. 100509 IN BOOK 7 OF PLATS, PAGE 42, BEING PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS; ALSO PARCEL 4 LOTS 15 AND 16, (EXCEPTING AND RESERVING THEREFROM THAT PART DESCRIBED AS FOLLOWS, TO WFf: COMMENCING AT THE MOST WESTERLY CORNER OF LOT 15 AFORESAID; THENCE NORTHEASTERLY ON THE NORTHWESTERLY LINE OF THE ADDITION, 61.36 FEET TO THE ANGLE IN SAID LINE; THENCE EASTERLY ON THE NORTHERLY LINE OF LOT 16 AFORSAID, 109.4 FEET TO THE CORNER BETWEEN LOTS 16 AND 17 IN THE ADDITION; THENCE SOUTHERLY ON THE LINE BETWEEN SAID LOTS 16 AND 17, A DISTANCE OF 142.07 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY LINE OF LOT 16, AFORESAID, A DISTANCE OF 143.79 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, 125 FEET TO THE PLACE OF BEGINNING), IN MATT BAUR'S ADDITION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF FRACTIONAL SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS Perwg 2 Elm Street (Route 120 & 31) "";w;, _ . . ns+- 6-1 (tEVISED AARRLANDEEASCAPE � u+.nr \—�Wiwfiry I � lift ' , �I 0 a RO a RIP WOUSE ❑ a 0 .rsw RD DRIVE ASPHALT �, •3� MM ST. (RTE. 120) SITE PLAN / ROOF PLAN fr1•Y.1'4 �" N. Ems ALTERATIONS FOR NEW RETAIL CENTER MILL POND COURT McHENRY IL RON M. BYKOWSKI