HomeMy WebLinkAboutOrdinances - ORD-12-1602 - 09/24/2012 - USE VARIANCE TO ALLOW S/F RESIDENCE AND FINANCIALORDINANCE NO. ORD-12-1602
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A SINGLE-FAMILY
RESIDENCE AND FINANCIAL INSTITUTION AT 4509 W 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 VIL 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 with the City by Patricia Pappas, requesting a use
variance to allow a single-family residence and financial institution on the SUBJECT
PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein, and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 6, 2012 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended approval of a use variance; and
WHEREAS, the City Council has considered the evidence and recommendations from
the Planning and Zoning Commission; however, the City Council finds that the approval of the
requested use 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a
single-family residence and financial institution on the SUBJECT PROPERTY, subject to the
following conditions:
1. Parking lot is restriped;
2. Handicapped parking space is restriped to comply with Illinois Accessibility Code;
3. Overgrown trees and vegetation be trimmed and maintained going forward;
4. The new dumpster be fully enclosed;
5. The driveway to the residential in the rear be re-established with a fresh
gravel/stone base;
6. Additional landscape plantings are installed within the general parking area north of
the building. This could be in die form of bushes, trees or a combination thereof
with the intent being to make the property more visually appealing from Illinois
Route 120 and breakup the asphalt parking area to the building.
SECTION 2:. In granting said Use Variance, the City Council finds that the
requirements of Table 32(A) of the Zoning Ordinance have been met in that:
1) For reasons fully set forth in the written findings, the strict application of the
provisions of the Zoning Ordinance relating to the use of the buildings or structures,
or the use of the land, would result in unnecessary and undue hardship upon the
applicant, as distinguished from mere inconvenience.
2) The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations in the Zoning Ordinance for the pertinent
zoning district.
3) Special circumstances, fully described in the written findings, exist that are peculiar
to the property for which the use variance is sought and that they do not apply
generally to other properties in the same zoning district.
4) The granting of the use 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.
5) The granting of a use variance will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the City's Comprehensive Plan.
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 24h day of September, 2012
AYES:
Blake, Wimmer, Peterson, Low
NAYS:
Santi, Glab, Condon
ABSTAINED:
None
ABSENT:
Schaefer
NOT VOTING:
None
MAYOR
ATTEST:
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CIT T
Exhibit A
Legal Description of the SUBJECT PROPERTY
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