HomeMy WebLinkAboutOrdinances - O-96-782 - 03/20/1996 - GRANT USE VARIANCE FREUND AND JIFFY LUBE 1807 N RIIN THE MATTER OF THE APPLICATION OF )
VICTOR AND ELEANOR FREUND AND JIFFY ) ORDINANCE NO. 0_96-782
LUBE INTERNATIONAL FOR A USE VARIANCE,)
PURSUANT TO THE ZONING ORDIIWICE OF ) zcNING FILE NO_ Z-403
THE CITY OF MCHENRY, MrBENRY COUNTY, )
ILLIMIS _ )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF McBENRY, ILLINOIS BY GRANTING A
USE VARIANCE THEREON.
Whereas, a written Petition signed by Victor and Eleanor Freund has
been filed with the City Clerk of the City of McHenry, Illinois requesting the
granting of a zoning use variance under the provisions of the Zoning Ordinance
of the City of McHenry, as amended, concerning the following described
premises:
A tract of land in the East Half of the Northwest Quarter of Section 26,
Township 45 North, Range 8 East of the Third Principal Meridian, described as
follows: Commencing at the Northeast corner of a piece of land deeded by
Jacob Freund and Rosa Freund, his wife, to W. John Paetz and recorded in the
Recorder's Office of McHenry County, on the 15th day of June, 1945, in Book
273 of Deeds, on page 413; thence West along the North line of land so deeded
165 feet to Northwest corner of land so deeded; thence right angle North 281
feet to a stake on the Southwest line of the McCullom Lake Road; thence
Southeast along the Southwest line of said Road, 229 feet to the West line of
State Highway Road 31; thence South along the West line of said State Highway,
120 feet to the place of beginning, (excepting that part of the Northwest
Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the Northeast corner of the said
East Half of the Northwest Quarter; thence on a bearing established from
Geodetic Control for the Transverse Mercator Projection of the Illinois Plane
Coordinate System, South 00 degrees, 05 minutes, 57 seconds West, 1268.81 feet
along the East line of the Northwest Quarter of said Section 26; thence North
89 degrees, 54 minutes, 03 seconds West, along a line that forms a right angle
with the center line of Illinois State Highway Route 31, 34.82 feet to the
point of beginning on the Westerly right of way line of said Illinois State
Highway Route 31; thence North 22 degrees, 55 minutes, 39 seconds West, 18.92
feet; thence North 45 degrees, 57 minutes, 16 seconds West along a line 7.00
feet Southwesterly (as measured perpendicular to) of and parallel with the
Southwesterly right of way line of McCullom Lake Road, 219.57 feet; thence
North 00 degrees, 05 minutes, 57 seconds East along a line, 165.00 feet West
of and parallel with the said Westerly right of way line of Illinois State
Highway Route 31, 9.72 feet to the said Southwesterly right of way line of
McCullom Lake Road; thence South 45 degrees, 57 minutes, 16 seconds East along
the said Southwesterly right of way line McCullom Lake Road, 229.84 feet to
the said Westerly right of way line of Illinois State Highway Route 31; thence
South 00 degrees, 05 minutes, 57 seconds West, 20.00 feet along the said
Westerly right of way line of Illinois State Highway Route 31, to the place of
beginning,) in McHenry County, Illinois.
commonly known as: 1807 N. Richmond Road, McHenry, Illinois.
Whereas, said Petitioners are requesting a zoning use variance to
permit the operation of an oil change facility, with said construction
requiring a use variance as the minimum standard as required by the City of
McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of
Appeals on January 15, 1996 with said hearing being continued to February 5,
1996, at which times 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 denied
the Petitioners' request; and,
Whereas, although the Zoning Board of Appeals denied the Petitioners'
request, the City Council finds that it would serve the interest of the City
if a use variance were granted for the subject property.
Whereas, the City Council has discussed whether or not a traffic
signal device would need to be installed along Illinois Route 31 that: would
benefit the Target development, McHenry Grounds and this project, and the City
Council finds that it shall not be responsible for any expense of installation
for a traffic signal in the event a signal is installed at a future date.
NOW, FORE, BE IT ORDAINED BY the City Council of the City of
McHenry, Illinois, as follows:
Section 1: That a use variance is hereby granted on the foregoing
legally described property, commonly known as 1807 N. Richmond Road, McHenry,
Illinois, to permit the construction of a oil change facility on the ,subject
premises, but that, even with this use variance, the subject property owners
will still be required to comply with all requirements as to new construction.
Section 2: That the City Council finds that in granting this 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 3: That the City Council finds in granting the use variance
referenced above, the following conditions be placed upon the Petitioners:
A. Ingress and egress for the site shall be as depicted on the site
plan attached hereto and marked as Exhibit "A". In the event the
City Council, within two years from the date of this Ordinance,
in its exclusive discretion, determines that the right egress
lane exiting on to McCullom Lake Road is undesirable, the City
Council reserves the right to direct the Petitioners to cause the
same to be closed at Petitioners' expense. In no event shall
such closure constitute grounds for inverse condemnation and
petitioners waive the right to make such challenge in the future;
B. There shall be a cross -easement agreement approved by the City
and in place prior to occupancy of the structures on this
property;
C. Access from the abutting property to the south shall be developed
prior to occupancy permits being issued for the subject property;
D. Landscaping for the site shall be as depicted on the site plan
attached hereto and marked as Exhibit "A".
E. In the event the City staff determines a right deceleration lane
on MCCullom Lake Road is necessary, the same shall be provided by
Petitioners at Petitioners' expense.
Section 4: All ordinances, or parts thereof, in conflict with the
terms and provisions hereof, are hereby repealed to the extent of such
conflict.
Section 5: This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
Illinois.
Section 6: This ordinance shall be in full force and effect from and
after its passage, approval and publication in pamphlet form, as provided by
Section 6: 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 20th day of March 1996.
AYES: Bolaer, Locke, Lawson, Baird
NAYS: Bates
ABSTAINED: None
ABSENT: None
NOT VOTING: None
Approved this 20th day of March �, 1996.
MAYOR
ATTEST:
CITY CLERK