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HomeMy WebLinkAboutOrdinances - ORD-07-1374 - 04/16/2007 - GRANT USE VARIANCE GIZMO APPROVED IN FEB 2008ORDINANCE NO. ORD-07-1374 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW CERTAIN NON -OFFICE USES IN THE 0-1 LOCAL OFFICE DISTRICT AT 3601-3637 MUNICIPAL DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Gizmo Properties, LLC 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 February 1, 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 was 6-1; 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 1: That the SUBJECT PROPERTY shall be granted a Use Variance to allow the following uses on the property: • Beauty Shop, barber shop and hair styling salon • Coffee shop, not to exceed 1,500 gross square feet, and with hours of operation limited from 5:00 a.m. to 9:00 p.m. and no drive-thru permitted • Florist shop • Laboratory, medical, dental, research and testing associated with each • Orthopaedic and medical appliance store (retail sales only) • Postal Packaging Stores, not to exceed 3,500 gross square feet • Physical and massage therapy • Eye glasses, sales and repair • Schools, commercial for music, dance, business or trade subject to the condition that each tenant shall be allowed one wall sign, having individual, backlit letters of a uniform size, color and shape, but not to exceed 1.5 sf. for each foot of tenant frontage. 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; 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 16TH DAY OF APR L 92007 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 16TH DAY OF APRI L , 2007 ATTEST: CITY LE YOR Exhibit A Legal Description of the SUBJECT PROPERTY THAT PART OF THE EAST HALF OF GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE-8- EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 00 DEGREES 53 MINUTES 32 SECONDS EAST (BEARING ASSUMED) ALONG THE WEST LINE OF SAID EAST HALF, A DISTANCE OF 647.06 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, A DISTANCE OF 810.00 FEET, FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, A DISTANCE OF 240.00 FEET;. THENCE SOUTH 25 DEGREES 19 MINUTES 24 SECONDS EAST, A DISTANCE OF 510.27 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 18 SECONDS WEST, A DISTANCE OF 465.42 FEET; THENCE NORTH 00 DEGREES 53 MINUTES 32 SECONDS EAST, A DISTANCE OF 459.88 FEET, TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS. ALSO THAT PART OF THE EAST HALF OF GOVERNMENT LOT 1 IN THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 00 DEGREES 53 MINUTES 32 SECONDS EAST (BEARING ASSUMED) ALONG THE WEST LINE OF SAID EAST HALF, A DISTANCE OF 647.06 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, A DISTANCE OF 1050.00 FEET, FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 56 MINUTES 40 SECONDS EAST, A DISTANCE OF 275.67 FEET TO THE NORTHSOUTH QUARTER LINE OF SAID SECTION 2; THENCE SOUTH 01 DEGREES 00 MINUTES 48 SECONDS WEST, A DISTANCE OF 149.76 FEET; THENCE SOUTH 08 DEGREES 54 MINUTES 41 SECONDS WEST, A DISTANCE OF 315.59 FEET; THENCE NORTH 89 DEGREES 51 MINUTES 18 SECONDS WEST, A DISTANCE OF 5.98 FEET; THENCE NORTH 25 DEGREES 19 MINUTES 24 SECONDS WEST, A DISTANCE OF 510.27 FEET, TO THE POINT OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.