HomeMy WebLinkAboutOrdinances - ORD-06-1352 - 12/11/2006 - GRANT VARIANCE REDUCE PARKWAY TREES MARINANGELORD-06-1352
ORDINANCE NO.
AN ORDINANCE GRANTING A VARIANCE TO REDUCE THE REQUIRED
PARKWAY TREES FROM SIX (6) TO FOUR (4) FOR 364-382 BANK DRIVE
IN THE CITY OF MCHENRY, MCHENRY COUNTY, MLINOIS
WHEREAS, a petition has been filed with the City by Jim Marinangel of McHenry Savings Bank
on behalf of MEI Properties requesting a Variance to reduce the required parkway trees as described in the
City's Subdivision Control and Development Ordinance for the property legally described on "Exhibit A",
attached hereto and incorporated herein; the "SUBJECT PROPERTY", and
WHEREAS, the vote of the Planning and Zoning Commission recommending approval of the
requested Variance was unanimously approved (6-0); 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 Subdivision Control 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 reduce the required
parkway trees provided; that the applicant shall work with Staff to select a smaller tree species and to
relocate the trees closer to the parking lot, and shall resubmit a revised landscape plan.
SECTION 2: In granting said Variance, the City Council finds that requirements of Section 1
General Provisions 1.8 Variations of the Subdivision Control and Development Ordinance have been met
in that:
1. Consistent with overall purpose and intent of these regulations and will not be detrimental to
the public health, safety or general welfare. This request is consistent with the intent of the
Ordinance and will not be detrimental to the site or the public health, safety or general welfare.
2. Conditions are unique to the subject property only. Conditions are unique to the subject
property only.
3. Granting the Variance will alleviate a hardship due to physical surroundings, shape or
topographic conditions. Granting this variance will alleviate a hardship that exists due to the
physical surroundings, shape or topograph conditions of the area.
4. Granting the Variance will not negatively affect adjacent properties. The granting of this
variance will not negatively affect the adjacent properties.
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 11TH DAY OF DECEMBER _, 2006
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS 11TH DAY OF D EC EMB ER , 2006
ATTEST:
1k CC,
CITY C RK
AYOR
2
EXHIBIT A
Lots 1 through 8, both inclusive, in Park View Plaza, a subdivision of part of Lots 1 and 2 in the
Northwest Quarter of Section 2, Township 44 North, Range 8, East of the Third Principal
Meridian, according to the plat thereof recorded as document number 2001 R0090743 in the office
of the McHenry County recorded of Deeds, McHenry County, Illinois excepting therefrom any
portion of the foregoing descried property located within the Bank Drive and the Park Place
dedicated rights of way in McHenry County, Illinois.