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HomeMy WebLinkAboutOrdinances - ORD-14-1680 - 07/21/2014 - USE VARIANCE APT/MULTI-FAMILY LOTS 6-11 & LOT 17Department 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-14-1680
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW APARTMENTS/MULTI-FAMILY LAND USE ON
LOTS 6-11 AND LOT 17 IN PRAIRIE POINTE BUSINESS PARK 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 Prairie Pointe Land Development
Corporation, 420 N Front Street, Suite 200, McHenry, IL 60050 requesting a use variance to allow
apartments/multi-family land use on Lots 6-11 and Lot 17 in the Prairie Pointe Business Park ("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 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 apartments/multi-
family land uses with the following conditions:
1. Applicant must appear before the Planning and Zoning Commission at a public hearing and
comply with all public notice and other requirements for public hearings outlined in the zoning
ordinance, to present any proposed land use plan incorporating any type of multi-family
development, including: single-family attached dwellings, townhouses, multiple-family
dwellings and/or two-family dwellings as defined herein on the SUBJECT PROPERTY in the
future, as well as seek a recommendation regarding any proposed amendments to the existing
2.
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
plat of subdivision and/or any other variances/approvals necessary to comply with all City
ordinances, rules and regulations to effectuate the development of the SUBJECT PROPERTY with
such land uses. The applicant must subsequently seek an amendment before the City Council to
the existing annexation agreement while contemporaneously seeking approval for the proposed
land use plan incorporating multi-family development, as previously described herein, on the
SUBJECT PROPERTY and as recommended by the Planning and Zoning Commission, including any
amendments to the existing plat of subdivision and/or any other variances/approvals associated
with the proposed development of the SUBJECT PROPERTY to comply with all City ordinances,
rules and regulations.
The Use Variance for the SUBJECT PROPERTY shall expire concurrently with the expiration of the
annexation agreement of which the SUBJECT PROPERTY is included as currently approved or as
amended in the future.
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.
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
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
MAYOR
ATTEST:
Q.
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
LOT 6, 7, 8, 9, 10, 11 AND 17 IN PRAIRIE POINTE BUSINESS PARK BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 10 ALL
IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, MCHENRY COUNTY, ILLINOIS, NUNDA TOWNSHIP IN THE CITY
OF MCHENRY ACCORDING TO THE PLAT RECORDED AS DOCUMENT
NUMBER 2004R0001227 WITH THE MCHENRY RECORDER OF DEEDS OFFICE.
Parcel Index Numbers:
Lot 6: 14-10-428-011
Lot8: 14-10-428-009
Lot 10: 14-10-428-007
Lot 17: 14-10-428-012
Lot 7: 14-10-428-010
Lot 9: 14-10-428-008
Lot 11: 14-10-428-006
Common Address: Approximately 15 acres at the Northeast corner of Veterans
Parkway and Patriot Drive, McHenry, IL 60050 zoned BP Business Park and C5.