HomeMy WebLinkAboutOrdinances - ORD-07-1383 - 07/09/2007 - GRANT CUP AND VARIANCE PHARMACY DRIVE-UP MEIJER STORDINANCE NO. ORn-07-1383
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU
IN CONJUNTION WITH A PHARMACY AND A VARIANCE TO REDUCE THE NUMBER OF
STACKING SPACES FROM FIVE TO FOUR AT THE MEIJER STORE LOCATED AT 2253 N.
RICHMOND ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Progressive AE on behalf of Meijer Stores,
requesting a Conditional Use Permit to allow a drive-thru in conjunction with a pharmacy, and a Variance
to reduce the number of required stacking spaces from five (5) to four (4) 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 June 7, 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 Conditional Use Permit was 6-1, and the vote of the Planning
and Zoning Commission recommending approval of the requested 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 Conditional Use Permit
and Variance are 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 Conditional Use Permit to allow
a drive-thru in conjunction with a pharmacy, provided the site is developed in substantial accordance with
the plans attached hereto as Exhibit B.
SECTION 2: 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;
4. 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 3: That the SUBJECT PROPERTY shall be granted a Variance to allow a reduction in
the number of required stacking spaces from five (5) to four (4) provided the site is developed in
substantial accordance with the plans attached hereto as Exhibit B.
SECTION 4: 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 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are
hereby repealed to the extent of such conflict.
SECTION 6: 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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LEGAL DESCRIPTION:
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A part of Lot 3 of the County Clerk's Plat of the Southwest Quarter of Section 23,
Township 45 North, Range 8 East, of the Third Principal Meridian, according to
the plat thereof, recorded May 5, 1902 as document No 14082 in Book 2 of Plats,
Page 34, in McHenry County, Illinois, described as follows: Beginning at the
Southeast corner of said Lot 3, thence South 88 degrees 49 minutes 06 seconds
West 1280.67 feet along the South Line of East'/z of the Southwest % of Section
23, Township 43 North, Range 8 East of the Third Principal Meridian; thence
North 00 degrees 18 minutes, 34 seconds East 330.00 feet; thence South 88
degrees 49 minutes 06 seconds West 49.50 feet to a point on the West Line of
the East '/2 of the Southwest % of said Section 23; thence North 00 degrees 18
minutes 34 seconds East 1028.52 feet along said West Line; thence North 89
degrees 58 minutes 30 seconds East 964.84 feet; thence South 120.15 feet;
thence East 251.66 feet; thence South 5 degrees 58 minutes 17 seconds East
80.44 feet; thence West 247.27 feet; thence South 485.59 feet; thence South 26
degrees 21 minutes East 100.35 feet; thence North 63 degrees 39 minutes East
93.35 feet to a point of curvature; thence Easterly along the arc of a curve to the
right 129.08 feet, with a radius of 280.67 feet and whose long chord bears North
76 degrees 49 minutes 30 seconds East 127.94 feet, to a point of tangency;
thence East 50.08 feet to a point on the westerly right of way line of State Route
31; thence South 8 degrees 37 minutes 41 seconds East 25.63 feet along said
westerly right of way line; thence North 89 degrees 38 minutes 30 seconds East
38.01 feet to a point on the West Line of said Lot 3; thence South 0 degrees 1
minute 30 seconds East 601.11 feet along said West Line to the point of
beginning. Containing 35.23 acres of land, more or less.
EXCEPTING THEREFROM part of Lot 3 of the County Clerk's Plat of the
Southwest Quarter of Section 23, Township 45 North, Range 8 East of the 3`d
Principal Meridian, according to the plat thereof recorded May 5, 1902 as
Document Number 14082 in Book 2 of Plats, Page 34 in McHenry County,
Illinois, bounded and described as follows, to -wit: Commencing at the Southeast
corner of said Lot 3; thence South 88 degrees 49 minutes 06 seconds West,
37.28 feet to the Westerly right-of-way line of Route 31; thence North 00 degrees
05 minutes 41 seconds West, along said Westerly right-of-way line, 190.30 feet
to the point of beginning of this description; thence South 89 degrees 58 minutes
30 seconds West, 298.39 feet; thence North 29 degrees 39 minutes 33 seconds
West, 175.97 feet; thence Northeasterly along a circular curve to the right, said
curve having a radius of 50.00 feet and a central angle of 80 degrees 59 minutes
39 seconds (the chord of which bears North 10 degrees 50 minutes 16 seconds
East, 64.94 feet); thence Northeasterly along a circular curve to the right, said
curve having a radius of 155.00 feet and a central angle of 12 degrees 12
minutes 32 seconds (the chord of which bears North 57 degrees 26 minutes 22
seconds East, 32.97 feet); thence North 63 degrees 32 minutes 37 seconds
East, 28.82 feet; thence North 68 degrees 39 minutes 42 seconds East, 125.92
feet; thence North 63 degrees 39 minutes 00 seconds East 54.27 feet; thence
Northeasterly along a circular curve to the right, said curve having a radius of
190.00 feet and a central angle of 31 degrees 49 minutes 58 seconds (the chord
of which bears North 79 degrees 33 minutes 59 seconds East, 104.21 feet);
thence Southeasterly along a circular curve to the right, said curve having a
radius of 50.00 feet and a central angle of 62 degrees 24 minutes 46 seconds
(the chord of which bears South 53 degrees 18 minutes 39 seconds East, 51.81
feet); thence Southeasterly along a circular curve to the right, said curve having
a radius of 190.00 feet and a central angle of 09 degrees 20 minutes 15 seconds
(the chord of which bears South 17 degrees 26 minutes 08 seconds East, 30.93
feet) to the Westerly right-of-way line of Route 31; thence South 00 degrees 05
minutes 41 seconds East, 275.46 feet to the point of beginning. Containing
2.421acres, more or less.
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SECTION 7: 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 9TH DAY OF 11
AYES: SANTI,WIMMER, CONDON, LOW
NAYS: GLAB, SCHAEFER, PETERSON
ABSTAINED:
NONE
ABSENT: MURGATROYD
NOT VOTING: NONE
2007
APPROVED THIS 9TH DAY OF JULY , 2007
ATTEST:
CI CL
3
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