HomeMy WebLinkAboutOrdinances - O-94-668 - 10/05/1994 - GRANT VARIANCE ROCKFORD INDUSTRIAL WELD SUPPLY 400Rockford Industrial Welding Supply, Inc.
4003 West Main Street ORDINANCE NO 0-94-668
McHenry IL 60050 ZONING FILE NO - 384
/ AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF MCHENRY ILLINOIS BY GRANTING A VARIANCE THEREON
Whereas, a written Petition signed by Gary R.Bertrand owner of
Rockford Industrial Welding Supply, Inc. has been filed with the
City Clerk of the City of McHenry, Illinois requesting the granting
of a variation under the provisions of the Zoning Ordinance of the
City of McHenry, as amended, concerning the following described
premises:
Lot 1 in Norgas Subdivision of part of the Southwest Quarter of the
Southwest Quarter of Section 26 and part of the Northwest Quarter
for Section 35, all in Township 45 North, Range 8 East of the Third
Principal Meridian according to the Plat thereof recorded June 29,
1983, as Document No. 858536 in McHenry County, Illinois.
(Excepting that part of Lot 1 in Norgas Subdivision of part of the
Southwest Quarter of the Southwest Quarter of Section 26 and part
of the Northwest Quarter of Section 35, all in Township 45 North,
Range 8 East of the Third Principal Meridian, described as follows:
Beginning at the most Northwesterly corner of Lot 5 in Block 4 of
the Original Plat of West McHenry, a Subdivision of part of the
Northwest Quarter of said Section 35, according to the Plat thereof
recorded June 14, 1859, in Book 24 of Deeds, page 22; thence
Southerly along the Westerly line of said Lot 5, a distance of 55
feet; thence Westerly at right angles to the last described line,
a distance of 3 feet; thence Northerly parallel with the westerly
line of said Lot 5, a distance of 55 feet, more or less, to the
Southerly line of West Main Street; thence Easterly along the
Southerly line of said West according to the Plat thereof recorded
June 29, 1983, as Document No. 858536, in McHenry County,
Illinois.)
Also that part of Lot 2, described as follows: Beginning at the
most Northeasterly corner of said Lot 2' thence South 7 degrees, 45
minutes, 08 seconds East along the Easterly line of said Lot 2, a
distance of 32.69 feet, to an angle point in said Easterly line'
thence South 5 degrees 00 minutes 00 seconds East along said
Easterly line, a distance of 61.28 feet; thence North 68 degrees 23
minutes 06 seconds West, a distance of 130.23 feet to the Westerly
line of said Lot 2; thence Northerly along said Westerly line,
being a curve to the left having a radius of 3030.78 feet, an arc
distance of 77.20 feet to the most Northwesterly corner of said Lot
2; thence North 84 degrees 13 minutes 48 seconds East, along the
Northerly line for said Lot 2, a distance of 128.96 feet to the
point of beginning; all in Norgas Subdivision, being a Subdivision
of part of the Southwest Quarter of the Southwest Quarter of
Section 26, and of part of the Northwest Quarter of Section 35,
Township 45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded June 29, 1983, as Document
No. 858536, in McHenry County, Illinois.
Commonly known as: 4003 W. Main St., McHenry, IL 60050
Whereas, said Petitioner(s) are requesting a Variance to permit a
two foot interior side yard set back from the Eastern Property line
to permit the construction of a 1200 square foot addition requiring
a variation as to the minimum 10 ft set back required by the City
of McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board
of Appeals on September 26,1994, at which time the Zoning Board of
Appeals did take evidence and view exhibits presented thereat by
the Petitioner(s); and,
Whereas, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested
zoning variation; and,
Whereas, the Zoning Board of Appeals found, and the City Council
concurs in that finding, that it would serve the interests of the
City if Rockford industrial Welding Supply, Inc. was granted the
requested variance, in that:
A: 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.
B. Since a variance will affect the character of its
surroundings long after a property changes hands the
special circumstances referenced herein relate only
to the physical character of the land or building(s)
for which a variance is sought, such as dimensions,
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, nor to the personal, business or financial
circumstances of such owner or tenant or any other party
with interest in the property.
C. The special circumstances that are the basis for a
variance have not resulted from any act of the applicant
or of any other party with interest in the property.
D. The strict application of the provisions of the City of
McHenry Zoning Ordinance would result in unnecessary
and undue hardship upon the applicant, as distinguished
from mere inconvenience.
E. 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 odes
not confer a special privilege ordinarily denied to
other properties in the district.
F. The grant of a variance is necessary, not because it
will increase the applicant's economic return, although
it may have this effect, but because without a variance
the applicant will be deprived of any reasonable use or
enjoyment of the property.
G. The granting of the 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.
H. The granting of a variance will be in harmony with the
general purpose and intent of the City of McHenry Zoning
Ordinance and the City of McHenry Comprehensive Plan, as
viewed in light of any changed conditions since their
adoption.
I. The variance requested is the minimum required to provide
the applicant with reasonable use and enjoyment of his
property.
Now, therefore, be it ordained by the City Council of the City of
McHenry, Illinois, as follows:
Section 1: That a variance is hereby granted on the foregoing
legally described property, commonly known as 4003 W. Main St,
McHenry, IL 60050, to permit the construction of a 1200 Sq. Ft.
addition on the subject premises with a minimum 2 Ft. interior side
yard set back, and that your petitioner, Rockford Industrial
Welding Supply, Inc., be required to renovate the front facade of
said building concurrently with the construction of building
addition, but that, even with this variation the subject property
owner(s) will still be required to comply with all requirements as
to new construction.
Section 2: All ordinances, or parts thereof, in conflict with
the terms and provisions hereof, are hereby repealed to the extent
of such conflict.
Section 3: This ordinance shall be published in pamphlet form
by and under the authority of the corporate authorities of the City
of McHenry, Illinois.
Section 4: 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 this 5th day of October , 1994.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYES • None
ABSTAINED: None
ABSENT • None
NOT VOTING • None
Approved this 5th day of October,52 1994.
MAYOR
CITY CLERK
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