HomeMy WebLinkAboutOrdinances - ORD-05-1264 - 08/15/2005 - GRANT CUP USE VARIANCE AND VARIANCE JUSTEN FUNERALORDINANCE NO. ORD-05-1264
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR A FUNERAL HOME,'A
USE VARIANCE FOR A CREMATORY AND A VARIANCE TO ELIMINATE PARKING LOT
ISLANDS ON THE WEST SIDE OF THE BUILDING,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Mark Justen requesting a Conditional Use
Permit, Use Variance and Parking Variance for the property 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 July 7, 2005, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Conditional Use Permit, Use Variance and Parking Variance
was approved five ayes, one nay votes and one member absent; 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 Conditional Use Permit,
Use Variance and Parking 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, be granted a Conditional Use Permit for a Funeral
Home.
SECTION 2: In granting said Conditional Use Permit, the City Council finds that the
requirements of Table 31 of the Zoning Ordinance have been met in that:
1. The requested use will not adversely impact traffic not otherwise typical for permitted
uses in the zoning district;
2. The requested use will not create an environmental nuisance with any adverse effects of
noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of
permitted uses in the zoning district;
3. The requested use will fit harmoniously with the existing natural or man-made character
of the surrounding area;
4. The requested use will not require community facilities or services not otherwise typical
for permitted uses in the zoning district;
5. The requested use will not be detrimental to the safety or health of the employees, patrons
or visitors associated with the use, nor the general public in the vicinity; and
6. The requested use is in harmony with all other elements of compatibility pertinent to the
conditional use and its particular location.
SECTION 3: That the SUBJECT PROPERTY, be granted a Use Variance for a Crematory..
SECTION 4: 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:
I. The requested Use Variance is necessary because the strict application of the provisions of
this Ordinance relating to the use of the land would result in unnecessary and undue hardship
upon the applicant;
2. The requested Use Variance is necessary because the property cannot yield a reasonable return
if permitted to be used only under the conditions allowed by regulations in the Ordinance;
3. The requested Use Variance will not generally apply to other properties in the same zoning
district and is unique to this use.
4. The requested Use Variance will not alter the local character of the locality or substantially
impair environmental quality, property values, or public safety or welfare in the vicinity; and
5. The requested Use Variance will be in harmony with the general purpose and intent of this
Ordinance and of the Comprehensive Plan of the City.
SECTION 5: That the SUBJECT PROPERTY, be granted a Variance to eliminate parking lot
islands on the west side of the building.
SECTION 6: In granting said Variance, the City Council finds that the requirements of Table 32
of the Zoning Ordinance have been met in that:
1. This site will have special circumstances over other buildings in the C-3 zoning district
because the nature of the business.
2. The variance relates to the current business practices and the layout of the parking field.
3. This request is required to more efficiently manage vehicles during the staging of vehicles
prior to the processions.
4. The required landscape islands on the west side of the building are intrusive to efficiently
conducting business on the site.
5. This variance will be necessary 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.
6. The granting of this variance is necessary not because it will increase the applicant's
economic return, but because without a variance the applicant will be deprived of a
substantial use of the property.
7. The granting of the 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 this variance will be in harmony with the general purpose and intent of the
Zoning Code and Comprehensive Plan of the City.
2
SECTION 7: Approval of the Conditional Use Permit, Use Variance and Parking Variance is
hereby conditioned on the "SUBJECT PROPERTY" being developed in accordance with the Site Plan,
Floor Plan and Elevations (4 sheets), prepared by Gillespie Design Group, attached hereto as Exhibit B.
SECTION 8: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 9: 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 10: 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 15TH DAY OF AUGUST , 2005
AYES:
NAYS:
SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 15TH DAY OF AUGUST 12005
ATTEST:
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