HomeMy WebLinkAboutOrdinances - ORD-06-1323 - 07/10/2006 - GRANT VARIANCE MULTI BLDGDS ZONING LOT FOR JAVA JOORDINANCE NO. ORD-06-1323
AN ORDINANCE GRANTING A VARIANCE TO ALLOW MULTIPLE BUILDINGS ON A
ZONING LOT ON LOT 2 IN MCCULLOM PLACE 2 FOR JAVA JO'Z,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Jason Glenn requesting a Variance to allow
multiple buildings on a zoning lot 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 May 18, 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 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 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 shall be granted a Variance to allow multiple
buildings on a zoning lot on Lot 2 in McCullom Place 2, subject to the following condition: If the drive-
thru facility is abandoned for more than ninety (90) consecutive days, except during the period of any
remodeling, closings by order of any constituted authority, or during the period of any strikes, lockouts,
emergencies or other causes beyond the control of Java Jo'z or subsequent lessee or owner of said facility,
the drive-thru facility shall be completely removed and the SUBJECT PROPERTY shall be restored to its
original condition, prior to the construction of the drive-thru facility, within six (6) months.
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 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 LOTH DAY OF JULY , 2006
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
SANTI, SCHAEFER, MURGATROYD, WIMMER, PETERSON
GLAB
NONE
CONDON
NONE
APPROVED THIS LOTH DAY OF
ATTEST:
CITY E �
JULY , 2006
AYOR
Exhibit A
Legal Description of the SUBJECT PROPERTY
Parcel 2 Lot 2 in McCullom Place II, a Resubdivision of McCullom Place, a Subdivision of part of the
northeast quarter of Section 26, Township 45 North, Range 8 East of the third principal meridian and also
a part of the southwest quarter of the northeast quarter of said Section 26, according to the plat thereof
recorded May 9, 1996 as Document 96R022582, in McHenry County, Illinois.
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