HomeMy WebLinkAboutOrdinances - ORD-14-1679 - 07/21/2014 - USE VARIANCE 2414 W ROUTE 120Department 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-14-1679
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TWO PRINCIPAL RETAIL, SERVICE,
WAREHOUSE-ORIENTED LAND USES AND TWO PRINCIPAL BUILDINGS AT 2414 W ILLINOIS
ROUTE 120 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 CrossFit Fire, 500 W Wegner Road
Unit E, Lakemoor, IL 60051 requesting a use variance to allow two principal retail, service,
warehouse-oriented land uses and two principal buildings 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 June 19, 2014 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended approval of the requested 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 two
principal retail, service, warehouse-oriented land uses and two principal buildings with the
following conditions:
• Parking for the subject property shall be restriped in accordance with attached parking
plan attached hereto and incorporated herein as Exhibit B, with the inclusion of the
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
additional handicapped parking space at the northern end of the row of parking located
immediately west of the Northwest Electrical Building;
• The parking lot be striped to limit the north-south drive aisle directly off of Route 120 to
one-way only traffic heading north from the entrance off of Route 120 north and then
west to Hillside Lane (painted one-way arrow);
• The nine spaces directly off of Hillside Lane should be designated customer parking;
• The four parking spaces directly north of the Northwest Electric Supply building should
be designated employee parking only;
• A landscape hedge row, consisting of a continuous row of evergreen bushes shall be
planted at the northwest corner of the site prior to receipt of a certificate of occupancy
to shield headlights from the residential subdivision to the north;
• Any other land uses proposed in the future, other than Northwest Electric Supply and
CrossFit Fire, must comply with all provisions in the C-5 zoning district as well as all
other zoning ordinance requirements, or an amendment to this ordinance is required;
• A "One-way or Do not enter" sign should be posted where the parallel parking spaces
are located adjacent to the northern building (at the western edge of the building
currently proposed for CrossFit Fire-on the south edge of the driveway aisle).
• An additional handicapped parking space shall be added at the northern end of the
parking aisle located west of the Northwest Electrical Supply building, location,
dimensions and other requirements included in all applicable City ordinances and Illinois
Accessibility Code must be met and approved by staff as part of the building permit
review process.
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.
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
. . j -j— McHenry, Illinois 60050
MCHGHTV Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
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 21st day of July, 2014.
AYES: Santi, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: Glab
ABSTAINED: None
ABSENT: None
NOT VOTING: None
\A4(s<li
MAYOR
ATTEST:
CITY CLfcRK
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 Subject Property
Tho'Worth 100 f«at of tli« Wf.st ISO feet of tho following described tract of land located
i,n'the Southeast Quarter of Section 25 and the Norttiean'' Uiuarter of Section 36, Town-
•ship 45 North, Range 8 East of the Third Principal Meridian, described as follows:
Commencing at the Southwest corner of Lot 44 in Block 7 in Eastwood Manor Unit 2,
being a Subdivision of part of the Southeast Quarter ol Section 15, Township 45 North,
Range 8 East of the Third Principal Meridian,' and part of the Northeast Quarter of
Section 36, Township 45 North, Range 8 JBast of the Third Principal Meridian, according
to the Plat thereof recorded August 17, 1956 ap Document No, 3J1472, in Book 12 of'
Plats, page 82; thence South alon^the East line of Hillside Lane^ 350. feet to'Jihe center
lines of State Route IZO; thence East along the center of said Highway, 900 teet;--then.ee
North parallel with the East line o£ Hillside Lane, 350 foot, to tho South line of Block 7;
'thence "West along the South lino of said Block T, 900 feet to the place of beginning, in
McHenry County, Illinois.
Legal Description; PA.RCCL. 2.
The East JSO feet of the West Soofcct of the following described tract of land located
in tho Southeast Quarter of Section 25, and the Northeast Quarter of Section 36. Town-
ship 45 North, Range 8 East of the Third Principal Meridian, described as follows;
Commencing at the Southwest corner of Lot 44 In Block 7 in Eastwood Manor Unit No. '
2, being a Subdivision of part of the Southeast Quarter of Section 25, Township 45
North, Ranee 8 East of the Third Principal Meridian, and part of the Northeast Quarter
of Section 36, Township 45 North, Range 8 East of the Third principal Meridian,
according to the Plat thereof recorded August 17, 1956 as Document No. 311472, in
Book 12 of Plats, page 82, in McHcnry County, Illinois; thence South along the East
line of Hillside Lane, 350 feet to the center line of State^Koute 120; thence East along
the center of said highway, 900 feet; thence North, parallel,with the East lino of
Hillside Lane, 350 feet, to the South line of Block 7.; thence West along the. South line
of said Block 7, 900 feel to the place of beginning, (excepting that part thereof taken
for highway). In McHeifry County, Illinois.
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il. us
www.ci.mchenry.il.us
Exhibit B
Parking Plan for the Subject Property
Northwest Electrical Supply2414 Illinois 120McHenry, IL 60051Current Parking: 30Tenant Parking Requirement:50Designed Parking Potential: 509+3+4+15+3+5+11= 50