HomeMy WebLinkAboutOrdinances - 21-52 - 10/18/2021 - Zoning Variations 3719 W Freund
CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 21-52
AN ORDINANCE GRANTING ZONING VARIATIONS FOR A NEW SINGLE-
FAMILY RESIDENCE AT 3719 W. FREUND AVENUE
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
October 18, 2021
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 19th day of October, 2021.
ORDINANCE NO 21-52
AN ORDINANCE GRANTING ZONING VARIATIONS FOR A NEW SINGLE-FAMILY RESIDENCE AT
3719 W. FREUND AVENUE
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 Elizabeth Wagner-DeStefano and Basil
DeStefano (“PROPERTY OWNERS”) requesting approval of Zoning Variations to construct a new
single-family residence on the property at 3719 W. Freund 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 September 29, 2021 in the manner prescribed by ordinance and statute, and as
a result of said hearing, the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested 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 Conditional Use
Permit, 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 the following Zoning
Variations:
1. A variance to allow a rear yard setback of 18.2’ in lieu of the required 25 feet; and
2. A variance to allow an interior side yard setback of 4.7’ in lieu of the required 6 feet.
SECTION 2: 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 3: 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 4: 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 18th day of October, 2021.
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Ayes Nays Absent Abstain
Alderman Devine _x___ _____ _____ _____
Alderman Glab _x___ _____ _____ _____
Alderman Harding _x___ _____ _____ _____
Alderman Strach _x___ _____ _____ _____
Alderwoman Miller _x___ _____ _____ _____
Alderman Santi _x___ _____ _____ _____
Alderman McClatchey _x___ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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Exhibit A
Legal Description of the Subject Property
LOT 15 (EXCEPTING THEREFROM THAT PART OF THE SAID LOT 15 DESCRIBED AS FOLLOWS: BEGINNING
AT THE POINT WHERE THE LINE BETWEEN LOTS 15 AND 16 INTERSECTS THE “BASE LINE” SHOWN ON
SAID PLAT; THENCE NORTHEASTERLY ON SAID LOT LINE 136.17 FEET TO THE MOST EASTERLY CORNER
OF SAID LOT 15; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE MOST EASTERLY LINE OF SAID
LOT 15, BEING ON A CURVED LINE TO THE RIGHT, RADIUS OF 61.92 FEET FOR A DISTANCE OF 4 FEET;
THENCE SOUTHWESTERLY ON A STRAIGHT AND DIRECT LINE, A DISTANCE OF 134.35 FEET TO AN
INTERSECTION WITH THE AFORESAID “BASE LINE” (SAID INTERSECTION BEING 9.05’ NORTHERLY
MEASURED ALONG SAID “BASE LINE” FROM THE AFORESAID PLACE OF BEGINNING); THENCE
SOUTHWESTERLY ALONG A CONTINUATION OF SAID STRAIGHT AND DIRECT LINE, 12 FEET, MORE OR
LESS, TO THE WATERS EDGE OF MILL STREAM, SHOWN ON SAID RECORDED PLAT; THENCE
SOUTHEASTERLY ALONG THE WATERS EDGE OF SAID MILL STREAM TO AND INTERSECTION WITH THE
LINE BETWEEN SAID LOTS 15 AND 16 IN SAID BLOCK 6 EXTENDED SOUTHWESTERLY IN ITS COURSE;
THENCE NORTHEASTERLY ALONG SAID LINE EXTENDED AS AFORESAID, 12 FEET, MORE OR LESS, TO THE
PLACE OF BEGINNING, IN THE CITY OF MCHENRY, COUNTY OF MCHENRY, ILLINOIS) IN BLOCK 6 IN A.P.
FREUND’S MILL STREAM PARK ADDITION, UNIT 1, TO THE CITY OF MCHENRY, A SUBDIVISION OF PART
OF THE SOUTHWESTER QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 19, 1949 AS DOCUMENT NO.
219945 IN BOOK 10 OF PLATS, PAGE 111, IN THE MCHENRY COUNTY, ILLINOIS.