HomeMy WebLinkAboutOrdinances - O-83-304.A - 11/29/1983 - GRANT VARIANCE 4102 W RTE 120RECEIVED
NOV 29 1982
M DE NMRY
ORDINANCE NO. 0-82-304,
AN ORDINANCE
VARYING THE PROVISIONS OF THE
McHENRY ZONING ORDINANCE
BE IT ORDAINED BY THE MAYOR OF THE CITY COUNCIL OF
THE CITY OF McHENRY, McHenry County, Illinois, as follows:
Section 1: The provisions of the Amended Zoning
Ordinance of the City of McHenry, Illinois be and hereby are
varied with reference to real estate described as follows,
to -wit:
Of parts of Sections 26 and 27, Township 45 North,
Range 8 East of the Third Principal Meridian,
described as follows: Beginning at a point on the
East line of said Section 27, 853.50 feet, more or
less, North of the common corner for Sections 26,
27, 34, 35, said point being the Northwesterly
corner of outlot 9 of West McHenry, according to
the Plat thereof recorded June 14, 1859 in Book 24
of Deeds, page 22, and running thence South 80
degrees 54 minutes East along the Northerly line
of said outlot 9 and along said Northerly line
extended 87.20 feet, more or less, to the Westerly
line of the right of way of the Chicago and North-
western Railroad Company; thence North 12 degrees
10 minutes 56 seconds West along said Westerly
right of way line of said railroad, 462.22 feet;
thence South 77 degrees 49 minutes 04 seconds
West, 96.40 feet; thence South 12 degrees 10 minutes
56 seconds East parallel with the said Westerly
right of way line of the railroad, 242.62 feet;
thence South 8 degrees 23 minutes West, 169.95
feet, more or less, to a point on the center line
of Waukegan Road; thence South 74 degrees 17 minutes
East, 82.33 feet, more or less, to a point on said
East line of Section 27; thence North along said
East line of Section 27, 9.91 feet, more or less,
to the place of beginning, (except the Northerly
200 feet, as measured on the Easterly and Westerly
lines of the aforesaid tract), in McHenry County,
Illinois, (the Subject Property)
by the granting of the following variations thereof:
1. The permitted uses of the Subject Property be
varied to permit the existing building upon the premises,
and commonly known as 4104 West Route 120 (Elm Street) to be
used for offices and professional offices.
2. The permitted uses of the Subject Property be
varied to permit the existing building upon the premises,
and commonly known as 4102 West Route 120 (Elm Street) to be
used for retail and wholesale food store establishment with
service both on and off premises.
3. There be permitted upon the Subject Property,
two principal buildings of the exact dimensions and at the
same locations as presently exist upon the Subject Property.
4. The area regulations be varied to permit the
use of the present improvements upon the premises on building
sites of less than one acre overall.
Section 2: Such variations are granted following
public hearing before and the affirmative recommendation of
the Zoning Board of Appeals of the City of McHenry, following
proper application therefore, publication of notice thereof
and public hearing, all in accordance with the provisions of
said Zoning Ordinance and upon the following specific findings:
1. The particular physical surroundings, shapes
or topographical conditions of the specific property involved
will result in a particular hardship upon the onwer, as
distinguished from a mere inconvenience if the strict letter
of the regulations were carried out;
2. The conditions upon which the Petition for
Variation are based are unique and are not applicable, generally,
to other property within the same zoning classification;
3. The purpose of the variation is not based
exclusively upon a desire to make more money out of the
-2-
property;
4. The difficulty or hardship has not been created
by any person presently having an interest in the property;
5. The granting of the variation will not be
materially detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which
the property is located; and
6. The proposed variation will not impair an
adequate supply of light and air to the adjacent property,
nor substantially increase the congestion in the public
street, or increase the danger of fire, or endanger the
public safety, or substantially diminish or impair property
values within the neighborhood.
Section 3: The City of McHenry Zoning Officer be
and hereby is authorized and directed to issue such permits
and authorizations to the owners thereof as are necessary to
carry out the provisions of this Ordinance.
Section 4: All Ordinances or parts thereof in
conflict herewith be and the same are hereby varied.
Section 5: This Ordinance shall be known as
Ordinance No. 0-82-304 and be in effect from and after its
passage and approval according to law.
PASSED this 29th day of November, 1982.
AYES: Nolan, Datz, Busse, Smith, Wieser, Meurer, Serritella
NAYS: None
ABSENT: Pepping
APPROVED this 29th day of November, 1982.
ATTEST:
City Clerk
-3-