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HomeMy WebLinkAboutOrdinances - ORD-16-1808 - 09/19/2016 - VARIANCE TO ALLOW TAVERN/OFF-ST PARKING 4117 SHAMRORDINANCE NO ORD-16-1808 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TAVERN AT 4117 SHAMROCK LANE AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE LIBERTY SQUARE 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 BeerAbility Lake Zurich, LLC 1870 W Winchester Road Suite 203 Libertyville, IL 60048 ("APPLICANT") requesting a Use Variance to allow a Tavern at 4117 W Shamrock Lane and a Variance from the Off -Street Parking and Loading Requirements at the Liberty Square Shopping Center 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 June 22, 2016, 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 Use Variance and Variance (6-0); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds the approval of the requested Conditional Use Permit and 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 4117 Shamrock Lane, located on the SUBJECT PROPERTY, is hereby granted a Use Variance to allow a tavern on the Subject Property, subject to the condition there is no outside service of food or alcohol or consumption of alcohol outdoors, be granted and Staff finds all requirements in Table 32(A) of the zoning ordinance have been met; 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: 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: That the SUBJECT PROPERTY is hereby granted a nine -space parking variance from the off-street parking requirements for Lots 1-3 (Liberty Square Shopping Center). SECTION 4: In granting said Variance the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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. 2. 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 19thDAY OF SEPTEMBER 2016. Voting Aye: Voting Nay: Not Voting: Abstain: Absent ATTEST: CONDON, PETERSON, WIlVIMER, CURRY, SCHAEFER, GLAB, SANTI ONE ONE ONE ONE City Mayor Exhibit A Legal Description of the Subject Property Parcel 1: Lot 3 of Liberty Square, a resubdivision of Lots 5, 6 and 7 of Thomas J. Rupp Resubdivision of Lot 2, Parcel B in J.B. Clara Subdivision in Sections 2 and 3, Township 44 North, Range 8, East of the Third Principal Meridian, according to the plat thereof recorded January 11, 2002 as Document No. 2002RO3946 and certificate of correction June 28, 2002 as Document No. 2002R56747, in McHenry County, Illinois. Parcel 2: Non-exclusive perpetual easement for the benefit of Parcel 1 for Ingress, egress, cross access and parking as created by Liberty Square Declaration of Covenants, Conditions & Restrictions recorded February 9, 2004 as Document No. 2004R0010286, in McHenry County, Illinois.