HomeMy WebLinkAboutOrdinances - ORD-06-1312 - 05/15/2006 - GRANT USE VARIANCE FINANCIAL INSTITUTION 804 N FROORDINANCE NO. ORD-06-1312
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A FINANCIAL
INSTITUTION IN THE C-5 ZONING AT 804 FRONT STREET,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Bob Waclawik requesting a Use 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 April 20, 2006, 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 Use Variance was unanimously approved (5-0) with two
members 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 Use 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 I: That the SUBJECT PROPERTY shall be granted a Use Variance to allow a
financial institution.
SECTION 2: In granting said Use Variance, the City Council fmds that the requirements of Table
32(A) of the Zoning Ordinance have been met in that:
1. 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 site.
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 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 15TH DAY OF MAY , 2006
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NONE
NAYS:
NONE
ABSTAINED:
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 15TH DAY OF MAY , 2006
ATTEST:
CIT CL RK
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11,2,� . eV'
AYOR
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Exhibit A
Legal Description of the SUBJECT PROPERTY
The North 132 feet of Block 1 (except the Easterly 14 feet thereof) in Wattle's Second Addition to
McHenry, A Subdivision of part of the Northwest Quarter of Section 35, Township 45 North, Range 8
East of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as Document
No. 77644 in Book 5 of Plats, page 94, in McHenry Council Illinois; Also the North 132 feet of that part
of the Southwest Quarter of the Northwest Quarter of Section 35, Township 45 North, Range 8 East of
the Third Principal Meridian, lying between said Block 1 of Wattles Second Addition aforesaid and State
Highway No. 31 described as follows: Beginning at the Southwest Corner of said Block 1; thence West
on the Quarter Section line 97.1 feet more or less, to an intersection with the Easterly right of way line of
said State Highway Route No. 31 (formerly known as Route No. 61); thence Northerly on said Easterly
right of way line 1028.05 feet to a point on the North line of said Block 1 of Wattle's Second Addition
aforesaid, extending Westerly; thence Easterly on said extended North line of said Block 1, a distance of
25.2 feet more or less to the northwest Corner of said Block 1; thence Southeasterly on the Westerly line
of said Block 1 a distance of 1030.7 feet more or less, to the place of beginning in McHenry County,
Illinois.
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