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HomeMy WebLinkAboutOrdinances - 20-16 - 05/04/2020 - 5313 W Shore VarianceCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-16 AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A REAR YARD SETBACK OF 11 FEET IN LIEU OF THE REQUIRED 25 FEET TO ACCOMMODATE THE EXPANSION OF THE EXISTING GARAGE AT THE PROPERTY COMMONLY KNOWN AS 5313 W. SHORE DRIVE, MCHENRY, IL 60050. Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois May 4, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this Sth day of May, 2020. ORDINANCE NO 20-16 AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A REAR YARD SETBACK OF 11 FEET IN LIEU OF THE REQUIRED 25 FEET TO ACCOMMODATE THE EXPANSION OF THE EXISTING GARAGE AT THE PROPERTY COMMONLY KNOWN AS 5313 W. SHORE DRIVE, MCHENRY, IL 60050. 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 Paul Reding (Owner of Record), requesting a Minor Variance to allow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion of the existing garage for the property located at 5313 W. Shore Drive 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 April 15, 2020 in the manner prescribed by ordinance and statute, and as a result A said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Minor Variance; 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 Minor Variance 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, ILLINOISI AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY is hereby granted a Minor Variance from §11- 8D-1: Table 1; Residential Districts Requirements from the City of McHenry Zoning Ordinance to aHow a rear yard setback of 11 feet in lieu of the required 25 feet to accommodate the expansion A the existing garage. SECTION 2: In granting said Minor Variance, the City Council finds that the Approval Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been met. SECTION 7: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8: 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 9: 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 4th day of May, 2020. Armes Alderman Devine' Alderman Glab' Alderman Harding Alderman Mihevc k Alderwoman Miller Alderman Santi k Alderman Schaefer k Mayor Jett Wayne Jett, Mayor Nays Absent Abstain Monte Johnson, beputy City Clerk Exhibit A Legal Description of the Subject Property LOT 88 IN BRITTANY PARK, A SUBDIVISION OF LOT 7 OF THE COUNTY CLERK'S PLAT OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 13, 1976 AS DOCUMENT NUMBER 671850, IN MCHENRY COUNTY, ILLINOIS, Commonly known as: 5313 W. Shore Drive, McHenry, IL 60050