HomeMy WebLinkAboutOrdinances - ORD-11-1546 - 08/15/2011 - ZONING MAP AMEND AND VARIANCES MTFPD4. The requested classification promotes the public interest.
SECTION 2: That the SUBJECT PROEPRTY is hereby granted an amendment to
conditional use permit authorized by 0-87-424, conditional public use, to allow a building
addition and site expansion (Parcels 1-7) in substantial accordance with the geometric site
plan and building elevations prepared by 222 Architects dated June 24, 2011 consisting of two
sheets and the landscape plan prepared by uplandDesign lid dated June 29, 2011 consisting of
two sheets (collectively "SITE PLAN").
SECTION 3: In granting said Amendment to the existing Conditional Use Permit, the
City Council finds that the 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 ar=
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 4: That the SUBJECT PROEPRTY is hereby granted approval of
variances to the landscaping and screening ordinance to allow the development of the subject
property in substantial accordance with the SITE PLAN with the following conditions: a
four -foot high solid wooden fence be erected on the proposed retaining along the entire length
of the northern property line and a contribution be made to the City in lieu of installation of a
commercial sidewalk from the existing sidewalk terminus at the southern end of Freund
Avenue on the east side to the northern property boundary on the east side of Freund Avenue
(S6/square foot).
Parcel 6
The east 150.00 feet of Lot 8 in Block I in Owens' Outlots to McHenry, a subdivision of part
of the southwest quarter of Section 26, township 45 north, range 8 east of the third principal
meridian, according to the Plat thereof recorded October 27, 1876, in Book 59 of Deeds, Page
265, in McHenry County, Illinois.
Parcel 7
Lot 7 in Block I in Owen's Outlots to McHenry, s subdivision of part of the southwest quarter
of Section 26, township 45, range 8 east of the third principal meridian, according to the Plat
thereof recorded October 27, 1876 in Book 59 of Deeds, Page 265, in McHenry County,
Illinois.
Consolidation Legal Description
Lots 7, 8 and 9 in Block I of Owen's Outlots to McHenry, a subdivision of part of the
southwest quarter of Section 26, township 45 north, range 8 east of the third principal
meridian, according to the plat thereof recorded October 27, 1876 in Book 59 of Deeds, page
265, in McHenry County, Illinois.
Also, parts of Lots 2 and 3 of the County Clerk's Plat of the south half of Section 26,
township 45 north, range 8 east of the third principal meridian, according to the plat thereof
recorded May 6, 1902, as Document No 14084, in Book 2 of Plats, page 38, generally lying
north of Illinois Route 120 (Elm Street) and east of Freund Avenue, in the City of McHenry,
McHenry County, Illinois, more particularly as follows:
Beginning at the northwest comer of Lot 7 in block I in Owen's Outlots to McHenry, a
subdivision of part of the southwest quarter of Section 26, township 45 north, range 8 east of
the third principal meridian, according to the plat thereof recorded October 27, 1876 in Book
59 of Deeds, page 265; thence south 00 degrees 09 minutes 38 seconds east (basis if hearing is
Illinois State Plane Coordinate System (NAD 83-97 Rev), East Zone) along the wst right-of-
way line of Illinois Route 31 (Richmond Road), a distance of 150.05 feet; thence
southwesterly along a curve, said curve being along the northwesterly right-of-way Illinois
Route 31 (Richmond Road) and Illinois Route 120 (Elm Street) a distance of 115.89 feet
along a tangent curve to the right, having a radius of 92.30 feet, the chord of said curve bears
south 35 degrees 48 minutes 30 seconds west, with a chord distance of 109.42 feet; thence
south 71 degrees 46 minutes 38 seconds west along the northerly right-of-way of Illinois
Route 120 (Elm Street), a distance of 126.36 feet; thence south 77 degrees 29 minutes 38
seconds west along the northerly right-of-way of Illinois Route 120 (Elm Street), a distance of
53.95 fem thence north 87 degrees 23 minutes 22 seconds west along the northerly right-of-
way of Illinois Route 120 (Elm Street), a distance of 34.30 feet� thence north 78 degrees 45
minutes 31 seconds west along the northerly right-of-way of t1linois Route 120 (Elm Street), a
distance of 9.98 fcet� thence north 00 degrees 05 minutes 24 seconds west, a distance of
153.61 feet; thence ssouth 89 degrees 59 minutes 25 seconds west, a distance of 45.03 feet;
thence north 30 degrees 17 minutes 35 seconds west, a distance of 170.65 feet; thence north
28 degrees 09 minutes 35 seconds west, a distance of 57.43 feet; thence north 89 degrees 59
minutes 25 seconds east along the north line of Lot 6 in said Owen's Outlets to McHenry
extended westerly, a distance of 174.03 feet; thence south 00 degrees 09 minutes 3 8 seconds
east along the west line of said Lot 6, a distance of 66.00 feet; thence north 89 degrees 59
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