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HomeMy WebLinkAboutOrdinances - ORD-16-1772 - 02/15/2016 - 4405 W ELM STREET USE VARIANCE FINANCIAL INSTITUTORDINANCE NO. ORD-16-1772 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A FINANCIAL INSTITUTION AT 4405 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by DHB Real Estate Corporation, 425 Huehl Road Building 3, Northbrook, IL 60062 requesting a use variance to allow a financial institution on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 20, 2016 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested use variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The SUBJECT PROPERTY is hereby granted a use variance to allow a financial institution. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan, 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, McHenry County, Illinois. SECTION 5: 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 and approved this 15 day of February 2016 Voting Aye: Condon, Peterson, Voting Nay: Curry, Glab Not Voting: None Abstaining: None Absent: None ATTEST:.. Wimmer, Schaefer, Santi Mayor Exhibit A Legal Description of Subject Property 0 Al PL``A T 0F' - SURVEY Conway surveyying . 1213 N. Riverside (810) 1365-2124 McHenry, Illinois The Cast 100 feet of the West .254.3 feet as measured on the South line thereof, of that part of the Northwest Quarter of the Southeast Quarter of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, described as follows; Beginning at the southeast corner of the Northwest Quarter OR the Southeast Quarter of said Section 27; thence West 10.19 chains to a stake; thence North to the center of the road; thence Southeasterly along the canter of the road, 10.57 chains to the East line of the Northwest Quarter of. the Southeast Quarter of said Section 27, thence South on esaid East line of the Northwest Quarter of the Southeast Quarter to the place a inning, in McHenry County, Illinois. 4'4 t FEET 31�02 sough .- �" Curb\ t 3 t to°t � 31.o25ou{b rcic C rb: 1.9a Wes+ v $ d > Ie929 epoif` m ia'o 50.99 °n,°.h p •et'eost a 23.50 NORTH 4 y a �iaa3 . ye. m SCALE, 40 fact W r ., u Mao;-(%, f.. t inch equals (Q 35.54 tee g0 to ce.rc.ek ��. 3 IiyM pA. N� vo w c . o rnd.F;s..0 ks A as liyb+polc - u oe " :i 0 �liy28 cald pole ..s+ ef< curb <1.81 w<t+ 417 blo°bFop pavem<n+ i WOE pipc tt RW ` 100.00' _� fouudiroa pipe found ironp�&e' o. ds souls 'a'. 35'al W o. 9e casi r e e k Survey No. 09 - 27 - 407 - 009 Refer to abstract, title and local ordinances for additl one, easements and/or building re strictlms. Compere all points before using same and at once report any differ..... No representation as to owndrsbip, use or possession should be hereon lmpli.d. Declaration is made to the present title owner, the present purchaser and their Title Insurer, and Lendar, it is not transferrable to additional institutes or subsequent owners. No und.rground lnprovenant. have been located or shown. No dlatanc■ should be assumed by scaling. Snow and tee <o�cr moy h ve prcvan+°d khe l°t>krem =F l ev/er ly mg'.rnp rovemcnis. State of Illinois 1 1 s.s. County of McHenry ) He, Conway Surveying, Inc., do hereby state tbai we have caused the above des�cribad property to he surveyed according to the found artifice] I4or toesnte,tion and that the plat bereon drawn is a correct representation of said survey. At McHenry, this Isth day of JAONn{ray,' �� h A.D., 1996 o�'f"', '`L cco"'!""' 2624 9 ' PROFESSIONAL LAND s SUR`i�`iC;i = t STATE for Conway Surveying, Inc Robert 3. Conway, PLS 35-2624 4405 W. Elm Street. McHenry"-1Hlnoi