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HomeMy WebLinkAboutOrdinances - O-96-790 - 06/26/1996 - GRANT VARIANCE MCHE DIST 15 3711 AND 3901 KANE AVEMcHenry Elementary School District 15) 3711 & 3801 W. Kane Ave.) McHenry, Illinois 60050) ORDINANCE NO 0-96-790 ZONING FILE NO Z- 411 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A VARIANCE THEREON. Whereas, a written Petition signed by McHenry Elementary School District 15 has been filed with the City Clerk of the City of McHenry, Illinois requesting the granting of a zoning variance under the provisions of the Zoning Ordinance of the City of McHenry, as amended, concerning the following described premises: Property at 3801 W. Kane Ave.: Lot 1( except the West 99 feet thereof) in Block 7 in Wattles Second Addition to McHenry, a Subdivision of part of the Out -lots 1, 2, 11, 13 and 14 of County Clerk's Plat 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 April 8, 1927 as Document No. 77644 in Book 5 of Plats, Page 94, in McHenry County, Illinois Property at 3711 W. Kane Ave. : Lots 1 I and 12 in Block 5; Lots 9 and 10 in Block 6; Block 10 ( excepting therefrom that part thereof conveyed by Frank H. Wattles and Wife, to Julius J. Vasey and his wife, by Warranty Deed dated May 4, 1927 and recorded June 10, 1927 in Book 171 of Deeds, page 509; also excepting therefrom that part thereof conveyed by Frank H. Wattles and his wife, to Julius J. Vasey, by Warranty Deed dated November 12, 1928 and recorded in Book 189 of deeds, page 440), in Wattles' Second Addition to McHenry, a subdivision of part of Out -Lots 1,2,11,13,14, of County Clerk's Plat and lying in the Northwest quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as Document No. 77644 in Book 5 of Plats, page 94, in McHenry County, Illinois, excepting therefrom the North 445.2 feet of Block 10 of Wattles' Second Addition to McHenry previously conveyed to Trustees of Schools of Township 45 North, Range 8 East of the Third Principal Meridian, McHenry County, Illinois. and The North 445.2 feet of Block 10 of Wattles' Second Addition to McHenry according to the Plat thereof recorded in the Recorder's Office of McHenry County in Book 5 of Plats, on page 94, located in the City of McHenry, County of McHenry and State of Illinois, subject to easement as created by instrument dated April 12th, 1927 and recorded April 13th, 1927 in Book 10 of Miscellaneous Records, page 576, McHenry County Records, from Frank H. Wattles and wife to City of McHenry. and Lots 1, and 2 in Block 6 in Wattles' Second Addition to McHenry, being a Subdivision of part of Out -Lots 1, 2, 11, 13, and 14 of County Clerk's Plat and lying in the Northwest Quarter of Section 35, Township 45 North, Range 8 of the Third Principal Meridian, according to the Plat thereof recorded April 8, 1927 as Document No. 77644, in Book 5 of Plats, page 94, in McHenry County, Illinois. and Lots 1, 2, 3, 4, 5, in Block 12 in Wattles' Second Addition to McHenry being a subdivision of part of Out -Lots 1, 2, 11, 13, 14, of the County Clerk's Plat ,of the Northwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. and Lot 6 in Block 12 of Wattles' Second Addition to West McHenry, a Subdivision of part of the Northwest Quarter, of Section 35, in Township 45 North, of, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded April 8, 1927, in Book 5 of Plats, Page 94 in McHenry County, Illinois. and Part of Block 10 of Wattles' Second Addition, described as follows: Starting at the Northwest corner of block 13 of said Addition and running thence Westerly with the North line of said Block extended 366.3 feet to the West line of Out -Lot 11 of the County Clerk's Plat; thence South along the West line of Out -Lot 11 to the Northwest corner of Out -Lot 12; thence Easterly along the North line of said Out -Lot 12, 366.3 feet to the Southwest corner of said Block 13; thence North along the West line of said Block 13; 131.3 feet to the place of beginning. Said Addition being a subdivision 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 April 8, 1927, as Document No. 77644, in Book 5 of Plats, page 94, in McHenry County, Illinois. and Lot 1 in Block 13 in Wattles' Second Addition to McHenry, being a subdivision in a 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 April 8, 1927, in McHenry County, Illinois. and Out -Lot 12 of the County Clerk's Subdivision of the North Half of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian, except the East 247.0 feet thereof situated in the County of McHenry, in the State of Illinois, hereby releasing and waving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois. commonly known as: 3711 & 3801 W. Kane Ave, McHenry Jr. High School Whereas, said Petitioner(s) are requesting, a zoning variance to permit four principal buildings on one zoned lot, with said construction requiring a zoning variance as the minimum requirement 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 June 3, 1996, 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 did not find that the variance should be granted; and, Whereas, the City Council finds, that it would serve the interests of the City if a zoning variance were granted to permit four principal buildings on one zoned lot. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of McHenry, Illinois, as follows: Section 1 That a zoning variance to allow four principal buildings on one zoned lot is hereby granted on the foregoing legally described property, commonly known as 3711 & 3801 W. Kane Ave. McHenry Jr. High School, but that, even with this said variance , the subject property owner(s) will still be required to comply with all requirements as to new construction. Section 2: That the City Council finds that in granting this zoning variance , the following findings have been proved before this body: A. Special circumstances exist as to said property that do not generally exist. Said property is used for educational purposes and additional building sites are needed to handle the continuing growth of the student population. B. The granting of this variance will be in harmony with the existing structures on site and the use of the existing facilities. C. The special circumstances that exist for the variance are the result of student growth and the need to provide a safe environment for the students and staff. D. Not granting this zoning variance will result in undo hardship on the students and staff, resulting in an unsafe environment for the existing educational facility. E. To preserve a safe environment for students and staff this property needs this zoning variance. If this is not granted future expansion and the welfare of the students and staff will be in jeopardy. F. There will be no monetary increase to the school district if this zoning variance is granted being a not for profit organization. G. The surrounding area will be in harmony with the existing structures and the existing neighborhood with the granting of this zoning variance. This zoning variance will not effect the safety or welfare of the surrounding area. H. The variance will be in keeping with the existing facilities and the City of McHenry's Zoning Ordinances. I. The granting of this zoning variance is the minimum that would be required by the school district in order to facilitate the growing need for space and a safe environment to educate the students of McHenry. Section 3: That the City Council finds that in granting said variance the following conditiorsbe met: A. Variance to allow four principal buildings on one zoned lot may be renewed by the City or it shall expire on June 15, 2001. B. The location of the four principal buildings on the lot shall be as depicted on the Site Plan dated June 4, 1996 attached hereto and marked as Exhibit "A". Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extend 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 and after its passage, approval and publication in pamphlet form, as provided by law. Passed this 26th day of June , 199 6. AYES: Bolger, Locke, Bates, Lawson, Bairn NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None Approved this 26th day of June 199 6 MAYOR ATTEST: CITY �CLE rev: February 6, 1996 ,:. is'IMF IN(, Lo-. A%C, FL P6 C) 11 2,v 3 f6— CY5 IT M(� 5C)ACOL KANE AVENq'v- FYISTIM(- SJ-j F- FLAJV - kA L. SCREE I BUILDINU a, zomime JUN I i W6 CM OF "ENRY L