HomeMy WebLinkAboutOrdinances - 0-82-303.A - 11/29/1982 - Zoning Classification of the newly annexed GradishORDINANCE NO. O-82-3031A,
AN ORDINANCE ESTABLISHING THE ZONING
DISTRICT CLASSIFICATION OF THE NEWLY
ANNEXED GRADISHAR REAL ESTATE
WHEREAS Frank J. Gradishar is the record owner of the
real estate hereinafter described; and
WHEREAS the corporate authorities for and on behalf of
the City of McHenry, McHenry County , , Illinoishave
heretofore approved an Annexation Agreement bearing the
date of November 29, 1982 between itself and Frank J.
Gradishar, which provides, in part, for the annexation of
said real estate to the existing corporating limits of the
City of McHenry, McHenry County, Illinois, and for the
zoning of said real estate to "B-1" Commercial Retail
District under the terms and provisions of the City of
McHenry Zoning Ordinance incorporating without limitation
(except as to residential use, which shall not be allowed
on said premises) all of the uses specified in the City
Attorney's Opinion Letter dated May 27, 19825 a copy of
which is attached hereto and made a part hereof, together
with a building h e i g h t h variation of 2 feet to allow a
building of 37 feet in heighth; and
WHEREAS the Zoning Board of Appeals of the City of
McHenry has conducted a zoning hearing with respect to the
proposed zoning of the subject property, pursuant to
notice, and has affirmatively recommended to the City
Council the aforesaid zoning classification and variation.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS as followsa
SECTION 1: The following real estate be and the same
is hereby classified "B-1" Commercial Retail District
(except as to residential use, which will not be allowed on
the subject premises), incorporating without limitation all
of the uses specified in the City Attorney's Opinion Letter
dated May 27, 1982 a copy of which is attached hereto and
made a part hereof.
SECTION 2: That the corporate authorities of the City
of McHenry, Illinois hereby expressly make the following
findings with respect to granting a variation of 2 feet to
allow a building height of 37 feet on the subject premises:
( a )
The particular physical surroundings, shapes
or topographical condition of the specific property involved
would result in a particular hardship upon the owner as
distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out;
(b) The conditions upon which the Petition for a
Variation is based are unique and would not be applicable,
generally, to other property within the same zoning
classification;
(c)
exclusively
property;
The purpose of the variation is not based
upon a desire to make more money out of the
(d)
been created
the property;
The alleged difficulty or hardship has not
by any person presently having an interest in
(e) The granting of the variation will not be
materially detrimental to the public welfare or injurious
to other property or improvements in the neighborhood in
which the property is located; and
(f) The proposed variation will not impair an
adequate supply of light and air to adjacent property, or
substantially increase the congestion in the public
streets, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property
values within the neighborhood.
SECTION 3: A building height variation of 2 feet be
and the same is hereby allowed for the subject premises to
allow the construction of a building thereon having a
heighth not to exceed 37 feet.
SECTION 4: All maps, plats, journals and other
records, including the official Zoning District Map of the
City of McHenry be and the same are hereby amended to
reflect the zoning of the above described real estate as
herein provided.
SECTION 5: This ordinance shall be in full force and
effect from and after it's passage and approval according
to law.
-2-
PASSED this 29th day of November, 1982.
AYES: Nolan, Datz, Busse, Smith, Wieser, Meurer, Serritella
NAYS : None
ABSTAINED: None
ABSENT: Pepping
NOT VOTING: None
APPROVED this 29th day of November, 1982.
ATTEST:
m
CI Y CLERK
-3-