HomeMy WebLinkAboutOrdinances - 23-30 - 06/05/2023 - 1407 Court St Zoning Variations CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-30
ORDINANCE GRANTING A USE VARIATION AND ZONING VARIATIONS
FOR THE PROPERTY LOCATED AT 1407 N COURT STREET
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
June 5, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 6th day of June 2023
ORDINANCE NO 23-30
ORDINANCE GRANTING A USE VARIATION AND ZONING VARIATIONS FOR THE PROPERTY
LOCATED AT 1407 N COURT 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 City of McHenry, ("APPLICANT"), on behalf of the
property owner, requesting approval of a use variation and zoning variations for the property
commonly known as 1407 N Court Street, legally described on "EXHIBIT A", attached hereto and
incorporated herein, "SUBJECT PROPERTY"; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on May 17, 2023 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 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 request is 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 approval of a Use Variation
to accommodate the existing 2-unit dwelling.
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
Zoning Variations:
1. 1. Variation to allow a minimum lot area of 8,828.82 SF in lieu of the required
10,000 SF.
2. 2. Variation to allow a minimum lot width of 66' in lieu of the required 100 feet.
3. 3. Variation to allow a front yard depth of 19.93' in lieu of the required 25 feet.
4. 4. Variation to allow a interior side yard setback of 0.15' in lieu of the required 6'
to accommodate the existing attached garage.
5. 5. Any other variations necessary to accommodate the existing 2-unit dwelling.
SECTION 4: In granting said Zoning Variations, the City Council finds that the approval
criteria for Zoning 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 5th day of June, 2023.
Ayes Nays Absent Abstain
Alderwoman Bassi x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
Alderman Strach x
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Wayne Jett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
Legal Description
LOT 5 IN BLOCK 14 OF THE ORIGINAL PLAT OF THE VILLAGE OF MCHENRY, ON THE
WEST SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED IN
THE RECORDER'S OFFICE OF MCHENRY COUNTY, ILLINOIS, IN BOOK B OF DEEDS
ON PAGE 160, SAID BLOCK BEING LOCATED IN AND BEING A PART OF THE
SOUTHEAST FRACTIONAL QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, OF
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND SITUATED, LYING AND
BEING IN THE CITY OF MCHENRY, IN THE COUNTY OF MCHENRY, ILLINOIS