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HomeMy WebLinkAboutOrdinances - 21-62 - 11/01/2021 - 3807 Main St Zoning Variations CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-62 ORDINANCE GRANTING A USE VARIATION, AND ZONING VARIATIONS FOR A 3-UNIT MULTIFAMILY BUILDING AT 3807 MAIN STREET Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois November 1, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, nd McHenry County, Illinois this 2 day of November, 2021. ORDINANCE NO 21-62 ORDINANCE GRANTING A USE VARIATION, AND ZONING VARIATIONS FOR A 3-UNIT MULTIFAMILY BUILDING AT 3807 MAIN STREET 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 Walter and Teresa Truszkowski Trust (“PROPERTY OWNER”) requesting approval of a Use Variation, and Zoning Variations for an existing 3-unit multifamily building for the property located at 3807 Main Street 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 October 20, 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 3-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 to address all building code violations. 2. 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 §11-19-6 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. Variation to allow a minimum lot area of 8,766.72 square feet in lieu of the required 15,000 square feet. 2. Variation to allow an interior side yard setback 4 feet in lieu of the required 6 feet for the existing garage. 3. Variation to allow a rear yard setback of 4 feet in lieu of the required 6.25 feet for the existing garage. 4. Any other variations necessary to accommodate the existing development. 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. Passed this 1st day of November, 2021. 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 Exhibit A Legal Description of the Subject Property LOT 2 IN BLOCK 5 IN THE ORIGINAL PLAT OF WEST MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859, IN BOOK 24 OF DEEDS, PAGE 22, ALL IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.