HomeMy WebLinkAboutOrdinances - ORD-07-1356 - 01/29/2007 - GRANT USE VARIANCE AND CUP 2742 BARNEY COURT NEIL)' 1
ORDINANCE NOORD-07-1356
AN ORDINANCE GRANTING A USE VARIANCE AND CONDITIONAL USE PERMIT TO
ALLOW A RELIGIOUS ESTABLISHMENT IN THE BP, BUSINESS PARK ZONING
DISTRICT AT 2742 BARNEY COURT IN THE ADAMS BUSINESS PARK,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Neil Lindwall requesting a Use Variance
and Conditional Use Permit 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 January 18, 2007, 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 and Conditional Use Permit was unanimously
approved (6-0) with one member 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 and
Conditional Use Permit 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 Use Variance to allow a
religious establishment in the Business Park Zoning District.
SECTION 2: In granting said Use Variance, the City Council finds 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;
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: That the SUBJECT PROPERTY shall be granted a Conditional Use Permit to allow
a religious establishment.
SECTION 4: In granting said Conditional Use Permit, the City Council finds that requirements of
Table 31 of the Zoning Ordinance have been met in that:
1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning
district has been minimized.
2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or
other adverse environmental effects of a type or degree not characteristic of permitted uses in
the zoning district, have been appropriately controlled;
3. The proposed use will fit harmoniously with the existing natural or man-made character of its
surroundings, and with permitted uses in the zoning district. The use will not have undue
deleterious effect on the environmental quality, property values, or neighborhood character
already existing in the area or normally associated with permitted uses in the district.
The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected of permitted uses in the district, nor generate
disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area;
5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or
visitors associated with the use nor of the general public in the vicinity; and
6. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
SECTION 5: The Use Variance and Conditional Use Permit approved herein shall be null and
void if the religious establishment on the SUBJECT PROPERTY ceases operation or vacates the
premises for a period of ninety (90) consecutive days.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 29TH DAY OF JANUARY 92007
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDOM!
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
NONE
NONE
NONE
29TH DAY OF JANUARY , 2007
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YOR
Exhibit A
Legal Description of the SUBJECT PROPERTY
Lot 10 the Adams Commercial Center, being a subdivision of Part of the South Half of Section 25 and
Part of the Northeast Quarter of Section 36, in Township 45 North, Range 8 East of the Third Principal
Meridian according to the Plat thereof recorded December 8, 19999 as Document No. 1999R00883506, in
McHenry County, Illinois.
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