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HomeMy WebLinkAboutOrdinances - ORD-13-1622 - 03/18/2013 - USE VARIANCE TO ALLOW A CREMATORIUM AT 591 RIDGEVIDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1622 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A CREMATORIUM AT 591 RIDGEVIEW DRIVE 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 with the City by Colonial Funeral Home requesting a use variance allow a crematorium 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 February 21, 2013 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 and 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 crematorium. 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: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.1l.us www.ci.mchenry.il.us 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Passed and approved this 18 TH day of March, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon NAYS: None ABSTAINED: None ABSENT: None NOTVOTING: None MAYOR ATTEST: — MKN\Q-o�C CITY R)K 0 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the SUBJECT PROPERTY THAT PART OF THE SOUTHWEST QUARTER OF THS 14ORTHEAST QUARTER OF SEC- TION 3, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MER- IDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 14 MINUTES 40 SECONDS EAST (ASSUMED BEARING) ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SAID NORTHEAST QUARTER, A DISTANCE OF 486.81 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 53 SEC- ONDS EAST, 297.24 FEET TO A POINT ON A CURVE, SAID POINT ALSO BEING ON THE WEST RIGHT OF WAY LINE OF THE ROAD DEDICATED AUGUST 6, 1999 AS DOCUMENT NUMBER 99ROO56583; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY, SAID RIGHT OF WAY BEING A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3220.50 FEET, AN ARC DISTANCE OF 283.06 FEET, TO A POINT OF NONTANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 282.97 FEET AND A BEARING OF SOUTH 3 DEGREES 50 MINUTES 04 SECONDS EAST; THENCE SOUTH 88 DEGREES 41 MINUTES 01 SECONDS WEST, 6.00 FEET TO A POINT ON A CURVE; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 3214.50 FEET, AN ARC DISTANCE OF 73.46 FEET, TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 73.46 FEET AND BEARING OF SOUTH 00 DEGREES 39 MINUTES 42 SECONDS EAST; THENCE SOUTH 00 DEGREES 00 MINUTES 25 SECONDS EAST, 19.55 FEET; THENCE SOUTH 25 DEGREES 00 MINUTES 13 SECONDS WEST, 56.76 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER, SAID LINE ALSO BEING THE NORTHERLY RIGHT OF WAY OF BULL VALLEY ROAD PER DOCUMENT No. 607447; THENCE SOUTH 89 DEGREES 14 MINUTES 53 SECONDS WEST ALONG SAID SOUTH LINE OF SAID SOUTHWEST QUARTFR OF SAID NORTHEAST QUARTER, A DISTANCE OF 289.11 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.