HomeMy WebLinkAboutOrdinances - O-94-662 - 07/06/1994 - GRANT USE VARIANCE COLOMER NORTHTOWN AUTHOMOTIVE9
ORDINANCE NO. 0-94-662
AN ORDINANCE PROVIDING FOR A USE VARIANCE THE CITY OF HE
PROVISIONS OF THE ZONING ORDINANCE O
MCHENRY, MCHENRY COUNTY, ILLINOIS.
WHEREAS, Petitioners, WAL-MART PROPERTIES, INCORPORATED, Record Title
Owner, and JOHN T. COLOMER, Contract Purchaser, filed a Petition with the Zoning Board
of Appeals of the City of McHenry, requesting a use variance under the provisions of the
Zoning Ordinance of the City of McHenry in regard to the real property more fully described
in Exhibit "A", attached hereto and made a part thereof (said real property hereinafter referred
to as "Premises") in order to allow an automobile tire and auto service center on Premises; and
WHEREAS, pursuant to notice, a public hearing was held before the Zoning Board of
Appeals of the City of McHenry in regard to the contents of the Petition, and evidence was
introduced by the Petitioners at such hearing in support of their Petition; and
WHEREAS, the Zoning Board of Appeals of the City of McHenry, did unanimously
recommend approval of the requested use variance under the provisions of Table 32(A) of the
Zoning Ordinance of the City of McHenry; and
WHEREAS, the City Council of the City of McHenry has fully considered the merits of
the Petition and the evidence presented to the Zoning Board of Appeals of the City of
McHenry, including all exhibits containing plans and specifications for the proposed use; and
WHEREAS, the City Council of the City of McHenry makes the following findings of
fact relative to the Petitioners' request for a use variance upon Premises:
1, That the strict application of the provisions of the Zoning Ordinance of the City
of McHenry relating to the use of the buildings or structures, or the use of
Premises would result in unnecessary and undue hardship upon the Petitioners,
as distinguished from mere inconvenience;
2. That the Premises cannot yield a reasonable return if permitted to be used only
under the conditions allowed by the regulations in the Zoning Ordinance of the
City of McHenry;
3. That special circumstances exist that are peculiar to the Premises and that they
do not apply generally to other properties in the same zoning district;
4. That 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; and
5. The granting of the use variance will be in harmony with the general purpose
and intent of the Zoning Ordinance of the City of McHenry and of the
Comprehensive Plan of the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That a use variance under the provisions of the Zoning Ordinance
of the City of McHenry is hereby granted to allow the construction and operation of an
automobile tire and automobile service center upon Premises, subject to the following
conditions:
a. That no outdoor overnight parking of vehicles shall be allowed;
b. That no outside storage other than the refuse container shall be allowed;
C. That one ground sign of a maximum of six (6') feet in height shall be permitted,
or in the alternative, a wall sign shall be permitted constructed in accordance
with the ordinances of the City of McHenry;
d. That the Premises be developed in substantial accordance with the Site Plan and
Building Elevations submitted by Architects 127 and Associates, Inc., dated
April 19, 1994; and
e. That the use variance be granted subject to approval of the Final Plat of Wal-
Mart Subdivision by the City Council of the City of McHenry.
Section 2: This Ordinance shall be in full force and effect from and after
its passage as provided by law.
PASSED THIS 6th DAY OF joy , 1994.
Number voting Aye:
Number voting Nay:
Number abstaining:
Number absent:
Bolger, Lorkp, Lawson, Bates
Baird
None
None
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EXHIBIT "A"
(Legal Description)
Part of the East Half of the Northwest Quarter of Section 26, Township 45
North, Range 8 East of the Third Principal Meridian being described as follows:
Commencing at the Northwest corner of said East Half of the Northwest
Quarter; thence North 88 degrees 59 minutes 31 seconds East along the North
line thereof, 207.0 feet to the place of beginning; thence continuing East along
said North line 167.98 feet; thence South 00 degrees 07 minutes 06 seconds East.,
319.38 feet to the Northeasterly right-of-way line of McCullom Lake Road:;
thence North 52 degrees 54 minutes 51 seconds West along said right-of-way lint:
209.77 feet; thence North 00 degrees 23 minutes 02 seconds West, 189.93 feet to
the place of beginning in McHenry County, Illinois.
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APPROVED THIS 6th DAY OF Jul y , 1994.
C /
C�
or, &TY OF McHENRY, Illinois
ATTEST:
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City Clerk, CITY CIF McHEN ; Illinois
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