HomeMy WebLinkAboutOrdinances - O-96-757 - 01/31/1996 - GRANT RECLASS USE VARIANCE AND CUP RIETESEL 1205BYRON AND GAIL RIETESEL )
d/b/a RIETESEL'S BOAT REPAIR )
AND THE CITY OF MCHENRY )
REGARDING )
1205 N RIVER ROAD )
MCHENRY IL 60050 )
ORDINANCE NO n - 9 6 _ —5 7
ZONING FILE NO Z-399(23)
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
RECLASSIFICATION, USE VARIANCE AND CONDITIONAL USE THEREON.
Whereas, a written Petition signed by Byron and Gail Rietesel and the City of McHenry has been
filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning changes:
1. reclassification from E Estate Zoning district to C5 Highway Commercial
district;
2. use variance to permit the subject premises to be used as a single family
dwelling and an apartment above the boat cover repair shop;
3. conditional use permit to allow the followings uses on the subject premises:
a. commercial parking lot for boats, passenger vehicles and commercial
vehicles as a principal use on lot (PIN#09-26-478-010; PIN#09-26-478-
011; PIN#09-26-481-002);
b. outdoor advertising sign limited to a maximum of 8 X 12 feet (96
square feet) on PIN#09-26-478-011;
c. manufacture of recreational vehicle canvas covers and repair of
recreational vehicles (boats) on lot 2, PIN#09-26-478-007 and PIN#09-
26-478-008;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 1205 North River Road, McHenry Illinois 60050, and legally described on
Exhibit A attached hereto; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on August
21, 1995, at which time the Zoning Board of Appeals did take evidence and view exhibits presented
thereat by the Petitioners; and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no
overriding reason for not granting the zoning reclassification, use variance and conditional use permit
as requested; 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 said reclassification, use variance and conditional use permits
were granted for the subject property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby
granted on the property commonly known as 1205 North River Road and legally described in Exhibit
A:
399(23)
page 2
A. reclassification from E Estate Zoning district to C5 Highway Commercial
district,
B. use variancc to permit the subject premises to be used as a single family
dwelling and an apartment above the boat cover repair shop;
C. conditional use permit to allow the followings uses on the subject premises:
1. commercial parking lot for boats, passenger vehicles and commercial
vehicles as a principal use on lot (PIN#09-26-478-010; PIN#09-26-478-
011; PIN#09-26-481-002),
2. outdoor advertising sign limited to a maximum of 8 X 12 feet (96
square feet) on PIN#09-26-478-011;
3. manufacture of recreational vehicle canvas covers and repair of
recreational vehicles (boats) on lot 2, PIN#09-26-478-007 and PIN#09-
26-478-008.
Section 2: That the City Council finds in granting the reclassification, the following findings
have been proved before this body:
A. The proposed uses are compatible with existing uses or existing zoning of property in the
environs.
B. The trend of development in the general area since the original zoning of the affected
property was established supports the proposed use or zoning classification.
C. The proposed use or zoning classification is in harmony with the objectives of the
Comprehensive Plan of the City as viewed in light of any changed conditions since the
adoption of the Plan.
D. The proposed use or zoning classification promotes the public interest and not solely the
interest of the applicant.
Section 3: That the City Council finds in granting the use variance, the following findings have
been proved before this body:
A. The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structure, or the use of the land, would result in unnecessary and undue
hardship upon the applicant, as distinguished from mere inconvenience.
B. The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the Zoning Ordinance for the pertinent zoning
district.
C. Special circumstances exist that are peculiar to the property for which the Use Variance
is sought and they do not apply generally to other properties in the same zoning district.
D. The 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
E. The granting of a Use Variance will be in harmony with the general purpose and intent
of the Zoning Ordinance and of the Comprehensive Plan of the City.
Section 4: That the City Council finds in granting the conditional use permit, the following
findings have been proved before this body:
399(23)
Page 3
A. Any adverse impact of types of volumes of traffic flow not otherwise typical in the
zoning district has been minimized.
B. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air,
or other adverse environmental effects of a type or degree not characteristic of permitted
uses in the zoning district, have been appropriately controlled.
C. The proposed use will fit harmoniously with the existing natural or man-made character
of its surroundings, and with permitted uses in the zoning district. The use will not have
undue deleterious effect on the environmental quality, property values, or neighborhood
character already existing in the area or normally associated with permitted uses in the
district.
D. The proposed use will not require existing community facilities or services to a degree
disproportionate to that normally expected or permitted uses in the district, nor generate
disproportionate demand for new services or facilities, in such a way as to place undue
burdens upon existing development in the area.
E. The proposed use will not be detrimental to the safety or health of the employees,
patrons, or visitors associated with the use nor of the general public in the vicinity.
F. The proposed use is in harmony with all other elements of compatibility pertinent to the
Conditional Use and its particular location.
Section 5: All ordinances, or parts thereof, in conflict with the terms and provisions hereof,
are hereby repealed to the extent of such conflict.
Section : This ordinance shall be published in pamphlet form by and under the authority of the
corporate authorities of the City of McHenry, Illinois.
Section 7: 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 31 s t day of 7 a n i i a r)j , 1996.
AYES: Rol ger, Locke Ratac LaL CIAO —Baird
NAYS: None
ABSTAINED: No
ABSENT: None
NOT VOTING:
Approved this 31,t day of 7 a n L a ry 1496.
MAYOR
ATTEST:
CITY CLERK
KIFr-E Sr-L
'E-,A-4 ( g r r 4 -- I
LEGAL DESCRIPTION (LD: m2664):
PARCEL 1: Lot 2 (except the South 11.09 feet of the East 74 feet thereof) in
Block 8 in the Original Plat of the village (now City) of McHenry, on the East
side of Fox River, a Subdivision of part of the Southeast Fractional Quarter of
Section 26, Township 45 North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page
160, in McHenry County, Illinois.
ALSO
Parcel 2: The South 11.09 feet of the East 74 feet of Lot 3 in Block 8 in the
Original Plat of the Village (now City) of McHenry, on the East side of Fox
River, a Subdivision of part of the Southeast Fractional Quarter of Section 26,
Township 45 North, Range 8 East of the Third Principal Meridian, according to
the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry
County, Illinois.
ALSO
PARCEL 3: Lot 4 in Block 8 (excepting from said Lot 4 that part Deeded to the
People of the State of Illinois, Department of Transportation under McHenry
County Recorder of Deeds, Document No. 854585, being described as follows:
Beginning at the Southeast corner of said Lot 4; thence on an assumed bearing
of North 00 degrees, 13 minutes, 15 seconds East along the East line of said
Lot 4 a distance of 11.00 feet to a point; thence North 66 degrees, 59 minutes,
37 seconds west 135.55 feet to a point on the North line of said Lot 4; thence
South 89 degrees, 04 minutes, 25 seconds west along the said North line of Lot
4, a distance of 54.46 feet to a point on the west line of said Lot 4; thence
South 04 degrees, 19 minutes, 50 seconds west along the said west line of Lot
4, a distance of 66.26 feet to a point in the South line of said Lot 4; thence
North 89 degrees, 04 minutes, 25 seconds East 184.21 feet along the said South
line of Lot 4 to the point of beginning), in the Original Plat of the Village
(now City) of McHenry, an the East side of Fox River, a Subdivision of part of
the Southeast Fractional Quarter of Section 26, Township 45 North, Range 8 Gast
of the Third Principal Meridian, according to the Plat thereof recorded July 6,
1840, in Book B of Deeds, page 160, in McHenry County, Illinois.
PERMANENT INDEX NO(S).: 09-26-478-007, as to that part of Lot 2;
09-26-478-010, as to that part of Lot 3; and
09-26-478-011, as to that part of Lot 4
THE SOUTH HALF OF LOTS 5 AND 6 IN BLOCK 7, IN THE ORIGINAL PLAT
OF MCHENRY, EAST OF FOX RIVER, BEING IN THE SOUTHEAST QUARTER OF
SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS
PERMANENT INDEX NUMBER: 09-26-481-002