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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. 1 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 2 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.