HomeMy WebLinkAboutOrdinances - ORD-15-1728 - 06/01/2015 - PARKING VARIANCE MCHENRY GROUNDS SHOP CTRORDINANCE NO ORD-15-1728
AN ORDINANCE GRANTING A VARIANCE FROM THE OFF-STREET PARKING AND LOADING
REQUIREMENTS FOR THE PROPERTY LOCATED AT 1711-1775 NORTH RICHMOND ROAD (MCHENRY
GROUNDS SHOPPING CENTER) 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 Blackhawk Restaurant Group LLC, 17W635
Butterfield Road, Suite 120, Oakbrook Terrace, IL 60181 ("Applicant") requesting a Variance from the
Off -Street Parking and Loading Requirements on the property legally described on Exhibit "A" attached
hereto and incorporated herein, the "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on May 13, 2015 in the manner prescribed by ordinance and statute, and as a result of said
hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the
requested 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 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: That the SUBJECT PROEPRTY is hereby granted a Variance of sixteen (16) parking
spaces from the requirements set forth for taverns in the Off -Street Parking and Loading
requirements in the zoning ordinance.
SECTION 2: In granting said Variance the City Council finds that the requirements of Table 32
of the Zoning Ordinance have been met in that:
Special circumstances exist that are peculiar to the property for which the variance is
sought and that do not apply generally to other properties in the same zoning district.
And these circumstances are not of so general or recurrent a nature as to make it
reasonably practical to provide a general regulation to cover them.
The special circumstances referenced herein relate only to the physical character of the
land or building(s) for which the variance is sought, such as dimension, topography, or
soil conditions. They do not concern any business or activity the present or prospective
owner or tenant carries on, or seeks to carry on, therein, not to the personal, business,
or financial circumstances of such owner or tenant or any other party with interest in
the property.
3. The special circumstances that are the basis for the variance have not resulted from any
act of the applicant or of any other party with interest in the property.
4. The strict application of the provisions of the Zoning Ordinance would result in
unnecessary and undue hardship upon the applicant, as distinguished from a mere
inconvenience.
5. A Variance is necessary for the applicant to preserve and enjoy a substantial property
right possessed by other properties in the same zoning district and does not confer a
special privilege ordinarily denied to other properties in the district.
6. The granting of a Variance is necessary not because it will increase the applicant's
economic return, although it may have this effect, but because without the variance the
applicant will be deprived of any reasonable use or enjoyment of the property.
7. The granting of a 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.
8. The granting of a Variance will be in harmony with the general purpose and intent of the
Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any
changed conditions since their adoption.
9. The Variance requested is the minimum required to provide the applicant with
reasonable use and enjoyment of the property.
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.
Voting Aye:
Condon, Peterson, Wimmer, Curry, Schaefer, Glab, Santi
Voting Nay:
None
Not Voting:
None
Abstaining:
None
Absent:
None
Passed and approved this 1" day of JUNE 2015.
ATTEST: � L.
0 City Clerk
SIGNED:
Mjz��-
1
Exhibit A
Legal Description of the Subject Property