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HomeMy WebLinkAboutOrdinances - ORD-11-1541 - 06/13/2011 - GRANT VARIANCES 4611 W ELM ST O'REILLY AUTOMOTIVEORDINANCE NO.ORD-11-1541 AN ORDINANCE GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 4611 ELM STREET 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, a petition has been filed by O'Reilly Automotive, Inc. for variances to the 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 2, 2011, in the manner prescribed by ordinance and statute; 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 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 be granted the following variances: a. To reduce the 10' foundation landscaping requirement, on the north side of the proposed building to 5 % b. To reduce the 30' rear yard building setback to approximately 23.8'; c. To allow driveway lanes exceeding 12' width/lane and a total width of 36'; Subject to the following conditions: Any part of the existing fence, currently in disrepair, that will be remain as part of the proposed redevelopment must be repaired or replaced to a like -new condition; Any new additional fencing installed on the premises shall conform in height, style and color with the existing fence if it remains; The three existing parkway trees along Route 120 must be maintained; if they are currently dead or in poor health as determined by the Superintendent of Forestry and Planning, they must be removed and replaced with an appropriate species as determined by the Superintendent of Forestry and Park Planning; The site shall be developed in substantial accordance with the attached site plan prepared b:y O'Reilly Auto Parts dated 2/25/11 with a revision date of 4/12/11 and the landscape and lighting plans prepared by O'Reilly Auto Parts dated 4/13/11, as well as the attached building elevations, collectively ("the "SITE PLAN') attached hereto and incorporated herein by reference as Exhibit B. 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: 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 metre 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 13T" DAY OF JUKE, 2011 AYES: Santi, Blake, Wimmer, Condon NAYS: Glab, Peterson. ABSTAINED: None ABSENT: Schaefer NOT VOTING: None ATTEST:,c ; c � r � MAYOR Exhibit A (Legal Description of the Subject Property) Lots 7, 8 and 9 in Block 3 of Lakeland Shores Unit No. 3, the Plat of which is recorded in Book 13 on Page 55 in the Recorder's office of McHenry County, Illinois, bounded and described as follows: Beginning at the Northeast comer of said Lot 9, thence South 15 degrees 14 minutes 30 seconds West, along the Westerly line of said Lot 9 a distance of 149.70 feet (150 feet Plat) to the Southeast corner thereof; thence North 74 degrees 51 minutes 04 seconds West, along the Southerly line of said Lots 9, 8 and 7, a distance of 240.03 feet (240 feet Plat) to the Southwest corner of said Lot 7; thence North 15 degrees 13 minutes 35 seconds East, along the Westerly line of said Lot 7, a distance of 149.83 feet (150 feet Plat) to the Northwest comer thereof; thence South 74 degrees 49 minutes 14 seconds East, along the Northerly line of said Lots 7, 8 and 9, a distance of 240.07 feet (240 feet Plat) to the Point of Beginning; Situated in the City of McHenry, the County of McHenry and the State of Illinois; Containing 0.925 Acres, more or less. 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