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Home My WebLink AboutOrdinances - 21-13 - 03/01/2021 - 3723 Grand Ave Use Variance and Zoning Variations CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-13 AN ORDINANCE GRANTING A USE VARIANCE AND ZONING VARIATIONS TO ACCOMMODATE A 4-UNIT MULTIFAMILY BUILDING AT 3723 GRAND AVENUE, MCHENRY, IL Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 1, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 2nd day of March, 2021. ORDINANCE NO 21-13 AN ORDINANCE GRANTING A USE VARIANCE AND ZONING VARIATIONS TO ACCOMMODATE A 4-UNIT MULTIFAMILY BUILDING AT 3723 GRAND AVENUE, MCHENRY, IL. 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 B.D.K.M. LLC ("Contract Purchaser") requesting approval of a Use Variation, and Zoning Variations including, but not limited to, off- street parking and loading, and minimum lot width to accommodate a 4-unit, multifamily building for the property located at 3723 Grand Avenue and legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 17, 2021 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Use Variation and Zoning Variations; 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 Variation and Zoning Variations are 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: That the SUBJECT PROPERTY is hereby granted a Use Variation to operate a 4-unit, multifamily building subject to the following conditions: 1. A building permit shall be obtained within six (6) months from the date of approval by City Council; 2. The development shall be in substantial conformance with the submitted site plan (Exhibit "B"); 3. The width of the proposed driveways shall be no less than nine feet (9') nor more than twenty feet (20') wide at the outer or street edge of the sidewalk; and 4. All other federal, state, and local laws shall be met. SECTION 2: In granting said Use Variation, the City Council finds that the Approval Criteria for Use Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 3: That the SUBJECT PROPERTY is hereby granted approval of the following Variances: 1. Variance to allow 6 parking spaces in lieu of the required 7.5 parking spaces; 2. Variance to allow a minimum lot width of 75 feet in lieu of the required 200 feet; and 3. Any other variances needed to accommodate the proposed 4-unit multifamily building. SECTION 4: In granting said Variances, the City Council finds that the Approval Criteria for Variances listed in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 5: 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 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. Alderman Devine Alderman Glab Alderman Harding Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer _(N Wayne Jett, Mayor Absent Abstain f.� 7%,,,X--ct' ja*,-� Monte Johnson, Deputy City Clerk Exhibit A Legal Description of the Subject Property LOT THIRTY-NINE (39) IN MILL SREAM ADDITION TO MCHENRY, UNIT NO. 1, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-SIX (26), TOWNSHIP FORTY FIVE (45) NORTH, RANGE EIGHT (8) EAST OF THE THIRD PRINCIPAL MERIDIAN, AND BEING A SUBDIVISION OF PART OF LOT ONE (1) OF THE COUNTY CLERK'S PLAT; ALSO A RE -PLAT OF BLOCKS ONE (1) AND TWO (2); RE -PLAT OF LOT ONE (1) IN BLOCK FOUR (4) AND LOT ONE (1) IN BLOCK FIVE (5) OF LAKE VIEW ADDITION ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1946 AS DOCUMENT 193334, IN BOOK 10 OF PLATS, PAGE 33, IN MCHENRY COUNTY, ILLINOIS. 2 Legend O-Set 12' Iron Plpe •-Found Iran Pipe X-Found Cross Surveys Notes: i. Field Work Completed on 1.23-2021 2. Prepared for Angelina 6 Herrick P.C., for real estate transaction. 3. Site Address: 3723 Grand Avenue, MCHervy IL SDo60 4. Pin Na: W2&325401 5. The easements shaaal hereon are provided from the durtent title and the use of the recorded subdivision plat No search of ate records for easemenIs or encumbrances was made es part at this survey. 6. Compare deed desaipdon and site conditions with the data given on this plat and report any discrepancies to the sumeyar at once. 7. Auto Cad Files will not be released under this conbact S. The u8111ks as shorm on this drawing were developed from the Information available. This Is not fmp4ed nor intended to be the mmplete inventory of utiiaies In this area. N Is the clients responsibility to verify the location of an Ut lilies (whegner sl c or not) and protect said utias from arrydamage. g. Ali building dimensions and ties are to the curent siding maledel and not to the fasnda0on. 10. Due to snow and unplowed areas, some Information Is approximated and may not have been located and should be verified. 11. This plat was prepared with the a6 of SNmhT-.ae number ST20021694 dated August 28. 2020 PLAT OF SURVEY LOT THIRTY-NINE (39) IN MILL STREAM ADDITION TO MCHENRY. UNIT NO. 1, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION TWENTY-SIX (26), TOWNSHIP FORTY FIVE (45) NORTH, RANGE EIGHT (8) EAST OF THE THIRD PRINCIPAL MERIDIAN. AND BEING A SUBDIVISION OF PART OF LOT ONE (1) OF THE COUNTY CLERK'S PLAT; ALSO A RE -PLAT OF BLOCKS ONE (1)AND TWO (2); RE -PLAT OF LOT ONE (1) IN BLOCK FOUR (4) AND LOT ONE (1) IN BLOCK FIVE (5) OF LAKE VIEW ADDITION ACCORDING TO THE PLAT THEREOF RECORDED JULY 16, 1946AS DOCUMENT 193334, IN BOOK 10 OF PLATS, PAGE 33, IN MCHENRY COUNTY, ILLINOIS. Exhibit B .� 20• Bur7Gyng e Q1 w : p . �. a 9.32 I 'F 0 1L N, I 18.57".�� •' Cm nri Ot 41 '.' ' .>..':.'.•.' tsI v 42.38 th n L t DO I —Story r 6.31 N •'� W75 N. Brick O 22.11 m _ t Multi —Unit a .. . �..�..@ N O ply' Building o h� 60.94 �'!� ..is Garage to 1. 19 N N L[vroele _ of 39 3a ' " 22.11 I L A 23' ......... I N 89'58'47" W 2 50 Rec Q Slate o(Illlnois) ` Lo w ss, ``- Ntww �a``, County of Lake ) t1 We. Land Surveying Services, Mc, do hereby state properly and that this is the Plat that represents 1M w I �-• a` ' �`�,t �/ C jLjo.—jim0on harW and I this 27thday oI Jan ter, an age L 8urveying Ser nel La d S ber 3323 Date 11.30-22 This professional service conforms to the cumern 11 �oTM Y 3h v„ LL o: � � z � o m o 0 C O N N :3 U) N N C 0 G ~ us4;us C H4 a v C E 8 N U) V Q) 4 N M mn moaner LS210070 st.etwme PLAT OF SURVEY SURVEY