HomeMy WebLinkAboutOrdinances - ORD-05-1278 - 09/19/2005 - GRANT VARIANCE AND ZONING 4031 DAYTON ST PIONEER Cf
ORDINANCE NO. ORD-05-1278
AN ORDINANCE GRANTING A VARIANCE TO ALLOW A SECOND BUILDING
ON A ZONING LOT, AT 4031 DAYTON STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Dan Tonyan, on behalf of Pioneer Center,
requesting a Variance for a second building on a zoning lot in order to construct an additional building for
storage and office space 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 September 1, 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
unanimously recommended approval of the requested 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 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 Variance to allow a second building on a
zoning lot, provided the site is developed in substantial accordance with the site plan prepared by Dan
Tonyan, attached hereto as Exhibit B.
SECTION 2: In granting said Variance, the City Council finds that 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.
2. The variance relates to the physical character of the land and not the activity by the current business.
The special circumstances that are the basis for a 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 mere inconvenience.
5. It 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 this variance is necessary not because it will increase the applicant's economic
return, although it may have this effect, but because without a variance the applicant will be deprived
of any reasonable use or enjoyment 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.
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 19TH DAY OF SERTEm-R E 92005
AYES: SANTI GLAB- SCHAEFER, MURGATROYD, WIMMER, PETERSON;I CONDON
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 19TH DAY OF SEPTEMBER 12005
ATTEST:
c sZ C
CIT CL
EXHIBIT A
Lot 16 in Tonyan's Industrial Park Unit 1, being a Subdivision of that part of the Northeast Quarter
of Section 10 and of that part of the West half of the Northwest Quarter of Section 11, all in
Township 44 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof
recorded April 13, 1977 as Document No 691537, in McHenry County, Illinois.
4
munenry (:ounty, Illinois. ^y
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