HomeMy WebLinkAboutOrdinances - ORD-11-1532 - 03/21/2011 - AMEND ORD-07-1374 USE VARIANCE 3601-3637 MUNICIPALORDINANCE NO. ORD-11- 1532
AN ORDINANCE AMENDING ORD-07-1374, GRANTING A USE VARIANCE TO
ALLOW CERTAIN NON -OFFICE USES IN THE 0-1 LOCAL OFFICE DISTRICT AT
3601-3637 MUNICIPAL DRIVE, TO ALLOW ADDITIONAL SQUARE FOOTAGE FOR
A COFFEE/SANDWICH SHOP AND AN ADDITIONAL WALL SIGN FOR THE
TENANT SPACES WITH BUILDING FRONTAGE ON TWO SEPARATE RIGHTS -OF -
WAY, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois; and
WHEREAS, the McHenry City Council approved a Use Variance for the property
legally described on "Exhibit A", attached hereto and incorporated herein in accordance with the
terms outlined in ORD 07-1374; the "SUBJECT PROPERTY", and
WHEREAS, as a result of a public hearing on February 1, 2007, the vote of the Planning
and Zoning Commission recommended approval of the requested Use Variance by a vote of 6-1;
and
WHEREAS, the City Council has considered the evidence and finds that the approval of
the requested amendments to ORD 07-1374 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 ORD 07-1374 is hereby amended by deleting "1,500", in reference to
the maximum square footage permitted for a coffee/sandwich shop and replacing it with "2,000"
SECTION 2: That ORD 07-1374 is hereby amended by deleting the following language
in its entirety:
"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"
And replacing it with the following language:
"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, with the exception for tenants occupying a corner unit with building frontage
facing two different public rights -of -way, said units shall be allowed one wall sign on each
building frontage, each frontage having individual, backlit letters of a uniform size, color and
shape and not exceeding 1.5 sf. per foot of building frontage for each frontage".
SECTION 3: In granting said amendment to the existing Use Variance approved by
ORD-07-1374, the City Council finds that the requirements of Table 32(A) of the Zoning
Ordinance have been met in that:
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 and approved this 21 ST _ day of MARCH , 201 1.
Voting Aye SANTI GLAB, SCHAEFER BLAKE WIMMER PETERSON _CONDON
Voting Nay NONE
Abstaining: NONE _
Absent: NONE
Not Voting: __.UQNE
ATTEST: ' ~ MAYOR
CITY CLERK
Exhibit A
Legal Description of the SUBJECT PROPERTY
3601-3637 Municipal Drive
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 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 north
south 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 5.88 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.