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HomeMy WebLinkAboutOrdinances - ORD-10-1526 - 12/13/2010 - GRANT VARIANCES 3020 W RTE 120 SUNRISE GROCERYORDINANCE NO. ORD-10-1526 AN ORDINANCE GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 3020 W ILLINOIS ROUTE 120 IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Sunrise Groceries c/o Baldev Ghotra requesting variances 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 December 2, 2010, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested variances; 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 variances 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, NICHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION l : That the SUBJECT PROPERTY be granted the following variances with the conditions the site is developed in substantial accordance with the attached site plan and building elevations (collectively the "Site Plan") attached hereto as Exhibit B and incorporated herein, the Route 120 access is eliminated and restored and the applicant shall install sidewalks along the Illinois Route 120 frontage of the property, if and when in the future, sidewalks are installed along the; frontage of either the property immediately to the east or west of the SUBJECT PROPERTY. 1. Variance from the corner side yard building setback from 30' to 7'6"; 2. Variance from rear yard building setback from 30' to 5'5"; 3. Variance from the residential screening strip required along the north property line from 15' to 5'5"; 4. Variance from the building foundation landscaping requirement from 10' required in the front to 4'. SECTION 2: In granting said variances, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 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 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 and APPROVED THIS 13`h DAY OF DECEMBER, 2010. VOTING AYE: Santi, Glab, Schaefer, Blake, Wimmer, Condon VOTING NAY: None ABSTAINED: None ABSENT: Peterson NOT VOTING: None Iu�61 ATTEST: CITY U-',RK � J Exhibit A (Legal Description of the Subject Property) Lot 6 in Conway's Subdivision, being a subdivision of part of the southwest quarter of the southwest quarter of section 25, township 45 north, range 8 east of the third principal meridian, according to the plat thereof recorded August 16, 1923 as Document No 60164, in Book 4 of Plats, page 99, therein excepting therefrom that part of the land conveyed to the State of Illinois by warranty deed recorded as Document 1991R0047983 for highway purposes, in McHenry County Illinois. Legal description of Doc 1991R0047983: that part of Lot 6 in Conway's subdivision, being a subdivision of part of the southwest quarter of the southwest quarter of section 25, township 45 north, range 8, east of the third principal meridian, according to the plat thereof recorded August 16, 1923, as Document No 60164, in Book 4 of Plats, Page 99, in McHenry County, Illinois, described as follows: Beginning at the southwest corner of Lot 6, thence on an assumed bearing of north 0 degrees 05 minutes 25 seconds east along the west line thereof 9.23 feet to a point on a curve having a radius of 2,529.12 feet and being concentric with the centerline of Illinois Route 120, the center of circle of said curve bears south 9 degrees 54 minutes 37 seconds west from said point; thence southeasterly 66.98 feet along said curve having a central angel of 1 degree 31 minutes 02 seconds to a point on the east line of Lot 6; thence south 8 degrees 03 minutes 18 seconds west along said east line 13.10 feet to the southeast corner of Lot 6; thence north 75 degrees 50 minutes 53 seconds west along the south line thereof 66,.00 feet to the point of beginning. 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