HomeMy WebLinkAboutOrdinances - ORD-17-1844 - 10/16/2017 - USE VARIANCE 4105 CRYSTAL LAKE RDORDINANCE NO.ORD-17-1844
AN ORDINANCE GRANTING A USE VARIANCE ALLOW AN ASSEMBLY USE AT
4105 W CRYSTAL LAKE ROAD ALONG WITH AN APPROXIMATELY 700
SQUARE -FOOT RETAIL AREA 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 Chad and Jennifer Mihevc, 3113
W Lorient Drive, McHenry, IL 60050 ("Applicant,") requesting a use variance to allow an
assembly use at 4105 W Crystal Lake Road along with an approximately 700 square -foot retail
area on the property legally described on Exhibit A, attached hereto and incorporated herein
("Subject Property"); and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on September 20, 2017 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
unanimously 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: A Use Variance to allow an assembly use on the Subject Property along
with an approximately 700 square -foot retail area I hereby hereby approved subject to the
following conditions:
• All activities shall be conducted indoors unless a temporary use or appropriate
approval is sought.
• Signage shall comply with Sign Ordinance for assembly and retail use as one (so just
one sign as if it were only an assembly use -due to the retail being accessory or
subordinate to the retail) unless a variance is sought;
• Applicant must comply with all regulations of the McHenry County Health
Department as they relate to any kitchen/food prepared (not -for -sale).
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.
• 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.
• 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.
• 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.
• 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 16th DAY OF OCTOBER 2016.
Voting Aye: CURRY, DEVINE, CONDON, MIHEVC, GLAB, SCHAEFER
Voting Nay: NONE
Absent: SANT I
Abstain: NONE
APPROVED:
Mayor yn Jet
v
f
ATTEST:
C' Cle k Lynzi Nevitt
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY