HomeMy WebLinkAboutOrdinances - ORD-16-1772 - 02/15/2016 - 4405 W ELM STREET USE VARIANCE FINANCIAL INSTITUTORDINANCE NO. ORD-16-1772
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A FINANCIAL
INSTITUTION AT 4405 W ELM STREET 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 DHB Real Estate Corporation, 425
Huehl Road Building 3, Northbrook, IL 60062 requesting a use variance to allow a financial
institution 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 January 20, 2016 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
financial institution.
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,
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 15 day of February 2016
Voting Aye: Condon, Peterson,
Voting Nay: Curry, Glab
Not Voting: None
Abstaining: None
Absent: None
ATTEST:..
Wimmer, Schaefer, Santi
Mayor
Exhibit A
Legal Description of Subject Property
0
Al
PL``A T 0F' - SURVEY
Conway surveyying . 1213 N. Riverside
(810) 1365-2124 McHenry, Illinois
The Cast 100 feet of the West .254.3 feet as measured on the South line
thereof, of that part of the Northwest Quarter of the Southeast Quarter of
Section 27, Township 45 North, Range 8, East of the Third Principal Meridian,
described as follows; Beginning at the southeast corner of the Northwest
Quarter OR the Southeast Quarter of said Section 27; thence West 10.19 chains
to a stake; thence North to the center of the road; thence Southeasterly
along the canter of the road, 10.57 chains to the East line of the Northwest
Quarter of. the Southeast Quarter of said Section 27, thence South on
esaid East line of the Northwest Quarter of the Southeast Quarter to the
place a inning, in McHenry County, Illinois.
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Survey No. 09 - 27 - 407 - 009
Refer to abstract, title and local ordinances for
additl one, easements and/or building re strictlms.
Compere all points before using same and at once
report any differ.....
No representation as to owndrsbip, use or possession
should be hereon lmpli.d.
Declaration is made to the present title owner, the
present purchaser and their Title Insurer, and Lendar,
it is not transferrable to additional institutes or
subsequent owners.
No und.rground lnprovenant. have been located or
shown.
No dlatanc■ should be assumed by scaling.
Snow and tee <o�cr moy h ve prcvan+°d khe l°t>krem =F
l ev/er ly mg'.rnp rovemcnis.
State of Illinois 1
1 s.s.
County of McHenry )
He, Conway Surveying, Inc., do hereby state tbai
we have caused the above des�cribad property to
he surveyed according to the found artifice] I4or
toesnte,tion and that the plat bereon drawn is a
correct representation of said survey.
At McHenry, this Isth day of JAONn{ray,'
�� h
A.D., 1996 o�'f"', '`L cco"'!""'
2624 9
' PROFESSIONAL
LAND
s SUR`i�`iC;i
= t STATE
for Conway Surveying, Inc
Robert 3. Conway, PLS 35-2624
4405 W. Elm Street. McHenry"-1Hlnoi