HomeMy WebLinkAboutOrdinances - O-96-758 - 01/31/1996 - GRANT RECLASS USE VARIANCE AND CUP STRACH 3021 WSHIRLEY STRACH, DANIEL STRACH )
AND THE CITY OF MCHENRY )
REGARDING )
3021 W ELM STREET )
MCHENRY IL 60050 )
ORDINANCE NO 0-96-758
ZONING FILE NO Z-399(24)
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 Shirley Strach, Daniel Strach d/b/a Community Auto Parts
and Sales, 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 following uses on the subject premises:
a. residential dwelling unit (apartment) above the store;
b. two single family dwellings: one each on Lots 3 and 4 in Block 10
in the original plat of the City of McHenry, on the east side of the Fox
River;
3. conditional use permit to allow the following uses on the subject premises:
a. motor vehicle repair and service;
b. outside storage of cars, trucks, boats, and trailers waiting for repair;
c. open sales lot for vehicles, boats and trailers;
under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property
commonly known as: 3021 West Elm Street, 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 November
27, 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 3021 West Elm Street and legally described in Exhibit A:
A. reclassification from E Estate Zoning district to C5 Highway Commercial
District;
B. use variance to permit the following uses on the subject premises:
a. residential dwelling unit (apartment) above the store;
399(24)
Page 2
b. two single family dwellings: one each on Lots 3 and 4 in Block 10 in the original plat
of the City of McHenry, on the east side of the Fox River;
C. conditional use permit to allow the following uses on the subject premises:
a. motor vehicle repair and service;
b. outside storage of cars, trucks, boats, and trailers waiting for repair;
c. open sales lot for vehicles, boats and trailers.
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:
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.
399(24)
Page 3
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 -11 s t day of 1 a n L a r 1996.
AYES: Bolqer, Locke, Bates, Lawson, Baird
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING: None
Approved this 3 s t day of Tan a 1990.
MAYOR
ATTEST:
CITY CLERK
j7 2A cu
LOTS 1 AND 2 IN BLOCK 10 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, EXCEPTING
THEREFROM ANY PART FALLING WITHIN PARCEL NO. 0015 OF CIRCUIT COURT
CASE NO. 83-ED-3, IN MCHENRY COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM THAT PART OF LOT 1 IN BLOCK 10 IN THE ORIGINAL.
PLAT OF THE VILLAGE (NOW CITY) OF MCHENRY, ON THE EAST SIDE OF THE
FOX RIVER, A SUBDIVISION OF PART OF THE SOUTHEAST 'FRACTIONAL QUARTER
OF SECTION 26. TOWNSHIP 45 NROTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDINQ TO THE PLAT THEREOF RECORDED JULY 6, 1840, IN
BOOK B OF DEEDS, PAGE 160, EXCEPTINQ THEREFROM THAT PART FALLING
WITHIN PARCEL NO. 0015 OF CIRCUIT COURT CASE NO. 83-ED-3, IN
MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: THE NORTHERLY 5.00
FEET OF THAT PART OF LOT I LYING SOUTHERLY OF THE SOUTHERLY LINE OF
PARCEL NO. 0015 OF CIRCUIT COURT CASE NO. 83-ED-3.
PERMANENT INDEX NUMBER: 09-26-482-019
1. THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
LOTS 3 AND 4 IN BLOCK 10 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, EXCEPTING
THEREFROM ANY PART FALLING WITHIN PARCEL NO. 0015 OF CIRCUIT COURT
CASE NO. 83-ED-3, IN MCHENRY COUNTY, ILLINOIS.
PERMANENT INDEX NUMBER: 09-26-482-016
*NAME(S) SEARCHED: Sigmund S. Strach Trust #1
LEGAL DESCRIPTION (LD: c ):
Lot 1 of the Plat of the Survey of Chicago Road Subdivision, a Subdivision of
part of the Southwest Quarter of Section 25, Township 45 North, Range 8 East of
the Third Principal Meridian, according to the Plat thereof recorded October
27, 1924 as Document No. 65665, in Book 4 of Plats, page 115, [except that part
described as follows: Beginning at the Northwest corner of Lot 1, thence on an
assumed bearing of South 0 degrees 10 minutes 04 seconds East along the West
line thereof 7.82 feet to a point on a curve having a radius of 2,453.12 feet
and being concentric with the North line of Lot 1, the center of circle of said
curve bears South 9 degrees 48 minutes 57 seconds West from said point; thence
Southeasterly 50.86 feet along said curve having a central angle of 1 degree 11
minutes 17 seconds to a point on the East line of Lot 1; thence N
o
r
th
o0 aegree
10 minutes 04 seconds West along said East line 7.89 feet to a p
oincurve
(being the North line of Lot 1) having a radius of 2,461.12 feet, the center of
circle of said curve bears South 10 degrees 55 minutes 33 seconds West from
sasid point; thence Northwesterly 50.85 feet along said curve having a central
angle of 1 degree 11 minutes 02 seconds to the point of beginning), in McHenry
County, Illinois.
PERMANENT INDEX NO(S).: 09-25-355-022
STREET ADDRESS: Route 120 McHenry, IL 60050