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HomeMy WebLinkAboutOrdinances - O-94-658 - 05/09/1994 - GRANT RECLASS HAYSTACKS MANOR616MF ORDINANCE NO. 0-94-658 AN ORDINANCE ZONING CERTAIN TERRITORY KNOWN AS HAYSTACKS MANOR IN THE CITY OF McHENRY (Classifications of property "E" Estate District with a use variance allowing the operation of a restaurant.) WHEREAS, THE CITY OF McHENRY has been requested by a petition signed by DAVID A. KRUK to annex and zone 4 acres, more or less, located approximately 1,000 feet West of the intersection of Bull Valley Road and Crystal Lake Road; and WHEREAS, public hearings where held by the McHenry Zoning Board of Appeals, after due notice in the manner provided by law; and WHEREAS, the Zoning Board of Appeals, after deliberation, The Motion to recommend approval failed on a vote of 4 to 2; and WHEREAS, the City Council has considered the evidence and testimony presented at the public hearings, and made the following findings for the use variance in accordance with the City of McHenry Zoning Ordinance Approval Criteria, Table 32(A): 1. Practical Difficulties or Particular Hardship The strict application of the provisions of the Zoning Ordinance relating to use of buildings or structures, and the use of land would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience if the use variance is not granted due to the uniqueness of the existing structure, the size of the parcel, and its location in relation to other development in the: area. 2. Reasonable Return The subject property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the "E" Estate Zoning District due to the location and size of the existing parcel and the nature of the existing improvements on said parcel. 3. Unique Circumstances There are special circumstances peculiar to the property for which the Use Variance is sought that do not generally apply to other properties in the same zoning district. These circumstances are the size and location of the parcel, the nature of the improvements on the parcel, the parcel's location to other development in the area and the benefit of preserving the site as a single 3.83 acre site, and maintaining the unique architectural theme on the premises. 4. Not Alter Local Character 1 1.5 The Use Variation would not unreasonably alter the essential character of the locality and to some degree, preserve the existing character of the locality. S. Consistent with Comprehensive Plan The Use Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City and will not alter the essential character of the locality, nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. NOW, THEREFORE, BE IT ORDAINED by the City Council of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: As outlined in the Annexation Agreement between the City and Petitioner dated May 1994, previously approved by the City Council, the following property shall be zoned "E" Estate District with a use variation, allowing the operation of a restaurant, subject to the conditions specified herein. Said property being described as follows: That part of the Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter; thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line 424.0 feet; thence East at right angles to the last described line, 377.29 feet, thence Northerly at an angle of 90 degrees 14 minutes 27 seconds measured clockwise from the last described course, 170.06 feet: thence Northeasterly at an angle of 11 degrees, 15 minutes, 33 seconds measured clockwise from the last described course, 256.0 feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet to the place beginning, (except that part described as follows: Beginning at the Northeast corner of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line, 337.60 feet, thence East at right angles to the last described line, 200 feet thence Northeasterly at an angle of 58 degrees 30 minutes measured counterclockwise from the last described line, 125.0 feet, thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quarter, thence West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois. 2 1.5 That part of Southwest Quarter and the Southeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Southwest Quarter, thence West along the North line thereof, 194.85 feet, thence South at right angles to the last described line 337.60 feet, thence East at right angles to the last described line, 200.0 feet, thence Northeasterly at an angle of 58 degrees 30 minutes measured counter clockwise from the last described line of 125.0 feet, thence Easterly at an angle of 70 degrees measured clockwise from the last described line, 115.0 feet, thence Northerly at right angles to the last described line, 256.0 feet to the North line of said Southeast Quarter; thence West along said North line, 234.20 feet to the place of beginning, in McHenry County, Illinois. SECTION 2: The Zoning Ordinance and Zoning Map of the City of McHenry be and the same are hereby amended reclassifying the above described property to "E" Estate District as specified in the City of McHenry Zoning Ordinance. SECTION 3: A use variance allowing the construction and operation of a restaurant on the subject premises is hereby granted subject to the following conditions and restrictions : A) Plans and Specifications: The property shall be developed in substantial compliance, as determined by the City, with the preliminary plans and specifications attached hereto marked Group Exhibit "I" and by this reference made a part hereof. Said Preliminary Plans and Specifications being prepared by James F. Gainnini & Associates, Inc., (Engineers and Architects) being as follows: 1) Preliminary Site Plan Revision Date 12/28/93 2) Main Floor Plan 3) East Elevation 4) West Elevation The preliminary plans and specifications will be adjusted and modified from time to time at the direction of the city to meet all applicable City Code regulations including parking, building, fire, etc. The apartment at the basement level shall be allowed so long as all applicable code regulations are met, said apartment shall be restricted to owner occupied. No building additions exceeding 15% of the combined existing and proposed building will be allowed without City Council approval. 3 1.5 B) Liquor License: Subject to the applicant properly qualifying for a liquor license pursuant to the City's Liquor Control Ordinance, the owner will be allowed a liquor license allowing the serving of alcoholic beverage for consumption on the premises. There will be no sales of packaged liquor and no live entertainment, except as approved by the City Council. C) Parking Requirements: All City Code parking requirements shall be met and there is adequate screening by the existing trees North of the proposed parking area, as determined by the City. D) The Owner agrees to save as many existing trees as possible. Attached hereto marked Exhibit "II" is a tree inventory depicting all trees with a 6" diameter measured at a height of 54" from the base of the tree which will not be removed in connection with the construction of the improvements on the premises. The Owner agrees not to remove any of the trees listed on the tree inventory without prior authorization from the City Department of Building & Zoning. E) In the event the property to the East West or South of the subject property is ever zoned residential, the Owner will comply with the City's screening requirements for commercial zoning districts, within 6 months. F) Ingress and Egress off of Bull Valley Road: The Owner has agreed to vacate the existing entrance road off of Bull Valley Road and put in a new entrance to be realigned at an approximate location lining up with the section line to the West, as depicted on Exhibit "C". The realigned ingress and egress road will be installed in accordance with the recommendations of the City Staff as approved by the City Council, including the location and an appropriate deacceleration lane if the City deems one to be necessary. All costs of these improvement shall be paid by the owners G) Si na e: The signage on the property will be limited to the sign specifications shown on Exhibit "III" attached hereto and by this reference made a part hereof. H) Water: The premises will be served by municipal water. The Owner will provide for the installation of said water in compliance with City requirements. All private wells shall be abandoned. I) Sewer: The premises will be served with municipal sewer. The Owner will provide for the installation of a temporary grinder pump and a four -inch main to the manhole on the Northwesterly corner of the Amoco M-1 Subdivision.. The Owner will execute a maintenance agreement with the City, to be a covenant running with the land, providing for the Owner to be responsible for all maintenance and repair of the temporary grinder pump and main to the manhole. The form of the maintenance agreement shall be as approved by the City 4 1.5 Attorney. In the event municipal sewer becomes available adjacent to the subject premises allowing a gravity connection from the subject premises, the Owner agrees to connect to said municipal sewer, upon notice by the City. Upon such connection to public sewer, the above -described sewer maintenance agreement will be terminated, and the temporary sewer line and grinder pump properly abandoned as approved by the City. Should the future installation of the sewer main adjacent to the subject premises involve a recapture or contribution from benefited properties, the Owner agrees to pay his prorata share of such contribution so long as said amount does not exceed $10,000. Since the Owner will have already paid a sewer capital development fee, the Owner will not be required to pay a second one at the time of such connection, however, he will pay for the customary inspection charges. J) Public Improvement Guarantees: Public improvements to be constructed by the Owner in connection with the development of the property shall be free from defects in the quality of the materials and workmanship. To secure this obligation, the Owner shall file with the City, a Letter of Credit in the amount that would be required for such in accordance with the City's Subdivision Control Ordinance and on a form drawn upon a lending institution approved by the City or other security acceptable to the City. (K) Compliance with City Codes: Owners shall comply with all city Ordinances and Building Codes. SECTION 4: All the requirements set forth in the Zoning Ordinance of The City of McHenry, as would be required by any owner of property zoned the same manner as the property described above, shall be complied with. SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent to such conflict. SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. 5 1.5 Voting Aye: Bolger, Locke, Baird, Lawson, Bates Voting Nay: None Absent: None Abstain: None (SEAL) ATTEST: City Clerk, Pamela J. W&ff Passed: May 9, 1994 Approved: May 9, 1994 Published: May 10, 1994 F:T.ARYNVA)NING VCAUK"UK.OZ APPROVED: Mayor Steven J. Cuda 6 1.5 r=f LPL_• - �� S =F -� �. �n _�;::{t�:.:t`•.�; ,�: _ `.ice..•.. ...�•J: ....... /� JJ'le,i. '� .::-. G7 N ;0 C C Z C + "fl Z G') m o 0� �-+ z � z c-) m • �. . -- �'., sir-.�4 ti •rr.+ ^ • •S4 • 011 El •'yk.. �• VvV T CU )cc- az L.J - g n:l -i FURL JI `�-�'.- �• �'��//� •�� , • C -5.... :�. CD oil Ri `cam n �•t_'` ` {L= i :"i y,., •• 4aV� � _ I � _l 1 �_ Fi I � ` j'iJ iT'I fig. 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