HomeMy WebLinkAboutOrdinances - O-94-683 - 12/21/1994 - GRANT VARIANCE MCHENRY STATE BANK 3512 W PEARL STORDINANCE NO. 0-94-683
REVISED AND CORRECTED 5-16-95
Zoning File No. Z-387
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF MCHENRY BY GRANTING A VARIANCE THEREON
WHEREAS, on October 17, 1994, McHenry State Bank, an Illinois banking
corporation, filed with the City Clerk of the City of McHenry, an Application
for a Zoning Variance, requesting a waiver of the requirement for residential
screening strips, parking screening strips and parking island strips for the
following described property:
The Westerly Half of Lots 7, 10 and 11 in Block 13 in the Original
Plat of McHenry, on the west side of Fox River, a Subdivision of
part of the Southeast Quarter of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, according to the Plat
thereof dated July 6, 1840 and recorded in Book B of Deeds, page
160, in McHenry County, Illinois; ALSO
Commencing at the Southwest Corner of Lot 11 in Block 13 in the
Original Plat of McHenry, on the West side of Fox River, according
to the Plat thereof dated July 6, 1840 and recorded in Book B of
Deeds, page 160, and running thence Westerly on the North line of
Pearl Street, 2 rods, thence Northerly at a right angle with Pearl
Street, 12 rods; thence Easterly 2 rods and to the Northwest Corner
of Lot 7; thence Southerly on the West line of Lots 7, 10 and it in
Block 13 to the place of beginning, being in the Southeast Quarter
of Section 26, Township 45 North, Range 8 East of the third
Principal Meridian, in McHenry County, Illinois.
P.I. #09-26-405-018. Commonly known as 3512 W. Pearl Street,
McHenry, Illinois; AND
The Southeasterly 20-1/2 feet of Lot 2 in the County Clerk's Plat
of Block 12 in the Original Plat of the Village of McHenry on the
West side of Fox River, a Subdivision of part of the Southeast
Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded May 6,
1902 in Book 2 of Plats, page 40 in McHenry County, Illinois;
ALSO
That part of the Northwesterly Half of vacated Back Street and
adjoining the Southeasterly 20-1/2 feet of Lot 2 of County Clerk's
Plat of Block 12 in the Original Plat of the Village of McHenry on
the West side of Fox River, a Subdivision of part of the Southeast
Quarter of Section 26, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded May 6,
1902 in Book 2 of Plats, page 40 in McHenry County, Illinois.
P.I. #09-26-405-017. Commonly known as 3516 W. Pearl Street,
McHenry, Illinois.
WHEREAS, on November 28, 1994, the Zoning Board of Appeals of the City
of McHenry conducted a public hearing on said Application for Zoning Variance,
in which it heard testimony and received exhibits; and
WHEREAS, based upon the evidence presented, the Zoning Board of Appeals
found that the applicant did not meet the criteria for a variance as set forth
in Table 32 of the City of McHenry Zoning Ordinance, and recommended that the
City Council of the City of McHenry deny applicant's Application. for Zoning
Variance; and
WHEREAS, the City Council on December 21, 1994, reviewed the findings and
recommendation of the Zoning Board of Appeals, and determined that the proposed
variance would serve the best interests of the City of McHenry, and that the
applicant had met the criteria for a variance as set forth in Table 32 of the
Zoning Ordinance, as follows:
1. Special Circumstances Exist Not Found Elsewhere.
2. Special Circumstances Relate to the Property Only.
3. Special Circumstances Not Resulting from Applicant
Action.
4. Strict Application of Zoning Ordinance Would Result in
Unnecessary Hardship.
5. Proposed Variance Preserves Rights Conferred by
District.
6. Proposed Variance Necessary for Use of Property.
7. Proposed Variance Would Not Alter Local Character.
8. Proposed Variance Consistent With Ordinance and Plan.
9. Proposed Variance Is the Minimum Required.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MCHENRY, MCEIENRY COUNTY, ILLINOIS, as follows:
SECTION 1: The Council finds that the applicant did meet the above
listed criteria for a variance as set forth in Table 32 of the City of McHenry
Zoning Ordinance.
SECTION 2: That the following variances to Chapter VIII of the City of
McHenry Zoning Ordinance relating to residential landscaping and screening
requirements is hereby granted on the foregoing described property, commonly
known as 3512 and 3516 W. Pearl Street, McHenry, Illinois:
(1) elimination of the parking island strip requirement;
(2) reduction of residential screening, as approved by the
Director of Building and Zoning; and
(3) parking screening to be provided as approved by the
Director of Building and Zoning.
And, even with said variances, the applicant will still be required to comply
with all other applicable laws, ordinances and building codes.
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,
Illinois.
SECTION 5. This Ordinance shall be in full force and effect from and
after its passage and approval, as provided by law.
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REVISED AND CORRECTED 5-16-95
PASSED this 21st day of December, 1994.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSENT: None
ABSTAIN: None
NOT VOTING: None
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APPROVED this 21st day of December, 1994.
Mayor
City C rk
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REVISED AND CORRECTED 5-16-95