HomeMy WebLinkAboutOrdinances - ORD-06-1346 - 11/06/2006 - GRANT VARIANCE FOR PARKING 921 N FRONT ST PAPASP
AN ORDINANCE GRANTING A VARIANCE TO ALLOW
A REDUCTION IN THE NUMBER OF REQUIRED PARKING SPACES
AT 921 N. FRONT STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been fled with the City by James Papas requesting a Variance
to allow a reduction in the number of required parking spaces for the property at 921 N. Front
Street, which property is 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 6, 2006, and August 3, 2006, in the manner prescribed by ordinance and
statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended denial of the requested Variance (5-2 vote) to the City Council; 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:
SEC:CION 1: That the SUBJECT PROPERTY be granted a Variance to allow a
reduction in the number of required parking spaces from 83 to 26, provided, that the SUBJECT
PROPERTY is developed in substantial accordance with the site plan, elevations and floor plans
prepared by rag Coan Architect, collectively referred to as 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 fronn
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.
Tlae 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.
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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 6TH DAY OF NOVEMBER , 2006
AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, CONDON.
NAYS
GLAB, PETERSON
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 6TH DAY OF NOVEMBER 2006
jr-� e /Lt�
AYOR
ATTEST:
CITY CLERK
Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lot 1, Sub -Lot I of Lot 2 and Sub -Lot 1 of Lot 3 in Block 13 of County Clerk's Plat of Block 13 and other
blocks in the Original Plat of West McHenry, said Original Plat being a part of the Southwest Quarter of
Section 26, and the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded May 6, 1902 as Document No. 14086, in Book :2
of Plats, page 39, in McHenry County, Illinois. ALSO
The North 33 feet of John Street lying North of Lot 1 Block 13 described as follows, to -wit: That portion
of John Street lying East of the West line of Sub Lot 1-3 and Northwesterly of the Southeasterly line of Lot
1 Block 13 of the County Clerk's Plat extended Northerly in the Original Plat of West McHenry, said
original plat being part of the Southwest Quarter of Section 26, and the Northwest Quarter of Section 35,
Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded
May 6, 1902 as Document No. 14086, in Book 2 of Plats, page 39, in McHenry County, Illinois.
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