HomeMy WebLinkAboutOrdinances - 22-41 - 06/20/2022 - 1508 N Green Variances CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 22-41
ORDINANCE GRANTING A USE VARIATION, AND ZONING VARIATIONS
FOR A 2-UNIT MULTIFAMILY BUILDING AND DETACHED COACH
HOUSE AT 1508 N GREEN STREET
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
June 20, 2022
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 21st day of June 2022.
ORDINANCE NO 22-41
ORDINANCE GRANTING A USE VARIATION, AND ZONING VARIATIONS FOR A 2-UNIT
MULTIFAMILY BUILDING AND DETACHED COACH HOUSE AT 1508 N GREEN 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 Gary A Benning ("PROPERTY
OWNER") requesting approval of a Use Variation, and Zoning Variations for an existing 2-unit
multifamily building and detached coach house for the property located at 1508 N Green 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 December 15, 2021 in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission recommend approval of the 2-unit
multifamily building but denial of the detached coach house;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
2-unit multifamily building and coach house subject to the following conditions:
1. The petitioner shall pave the existing gravel driveway using either asphalt or
concrete.
2. The petitioner shall repair or replace any damaged siding.
3. All work shall be completed within one year of approval by City Council.
4. The petitioner shall make any repairs or improvements to the property as
determined by the Zoning Administrator.
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 8,744.76 square feet in lieu of the required
15,000 square feet.
2. Variation to allow a minimum lot width of 66 feet in lieu of the required 150 feet.
3. Variation to allow a front yard setback of 14 feet in lieu of the required 25 feet for the 2-
unit residence.
4. Variation to allow a rear yard setback of 4 feet in lieu of the required 25 feet to
accommodate the existing coach house.
5. Variation to allow an interior side yard setback of 0.6 feet in lieu of the 6 feet required
to accommodate the existing coach house.
6. Variation to allow two principal structures on a single lot.
7. Any other variations necessary to accommodate the existing structures as depicted in
the Plat of Survey dated 11/29/19 attached hereto as "Exhibit B".
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 20th day of June, 2022.
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 Johnso , Deputy Clerk
Exhibit A
Legal Description of the Subject Property
LOT 6 IN BLOCK 10 IN THE ORIGINAL PLAT OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER,
A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 6, 1840, IN BOOK 8 OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS.
PIN: 09-26-403-003
Address: 1508 N Green Street, McHenry, Illinois 60050.
Exhibit B
Plat of Survey dated November 29, 2019
II
PLAT OF SURVEY
OF
1.OT 6 IN BLOCK JOIN THE ORIGINAL PLAT OF MCHENRY,ON THE WEST SIDE OF FOX RIVER,A
SUBDMSION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26,TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF
CORDED JULY 6,1840 IN BOOK 8 OF DEEDS,PAGE 160,IN MCHENRY COUNTY, ILLINOIS.
Currently referred to as: 150 N.Green Street,McHenry.Illinois.
�t
C• Cl,-tE 5. - \5',:`.0
IT.I-. ei7:0/7/v' 11071 W
C,' -
1Y t N :!
i/, S)09./--ics-47 //wag. A Q I
e
2 M i.. ,
t1.1 ? c e.L. , . , r �,
%s 4
01 3 ______L L_.-- i _ _' 1-a -,, t ;/ , � ,i b
:2 u
<1
- s = \ -00 .} J L
' 1oaof
0--
o-- ..ml.
o
r7V-1—+->v "D`,
J
I,PATRICK MCKIERNAN,A REGISTERED ILLINOIS LAND SURVEYOR HEREBY CERTIFY THAT I HAVE
SURVEYED THE ABOVE MENTIONED PARCEL OF LAND AND THAT TIDS PLAT IS A CORRECT
REPRESENTATION OF SAID SURVEY,DATED TIDS 291h DAY OF NOVEMBER,2019.
TIDS PROFESSIONAL SURVEY CONFO O TILE CURRENT ILLINOIS MINIMUM STANDARDS FOR A
BOUNDARY SURVEY. ,/1v/-C
T 'rev frwiE•u '•wT 4411 i i
PA CK MCKIERNAN#2131
680 SADDLE RIDGE
CRYSTAL LAKE,ILLINOIS 60012 •t'.
815-477-8255 .
t;
LICENSE EXPIRES:
NOVEMBER 30,2020
ORDERED BY:Attorneys Diamond R.LeSueur
FIELD WORK DONE ON 11/29/2019