HomeMy WebLinkAboutOrdinances - 20-30 - 08/03/2020 - Zoning/Variance for 1208 N River Road CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 20-30
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO RM-2 HIGH-
DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT,AND A MINOR VARIANCE TO
ACCOMMODATE THE CONSTRUCTION OF A 4-UNIT ATTACHED SINGLE-FAMILY
RESIDENCE FOR THE PROPERTY LOCATED AT 1208 N. RIVER ROAD IN THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
August 3, 2020
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 4th day of August, 2020.
ORDINANCE NO 20-30
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT TO RM-2 HIGH-DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT,AND A MINOR VARIANCE TO ACCOMMODATE THE
CONSTRUCTION OF A 4-UNIT ATTACHED SINGLE-FAMILY RESIDENCE FOR THE PROPERTY
LOCATED AT 1208 N. RIVER ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
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 Dan Freund ("Property Owner"), 6201
Whiting Drive, McHenry, IL 60050 requesting a Zoning Map Amendment to RM-2 High-Density
Multi-Family Residential District from C-3 Community Commercial District and a Minor Variance
to allow 68.5%of uncovered space in lieu of the required 73% uncovered space to accommodate
a 4-unit attached single-family residence for the property located at 1208 N. River Road 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 July 15, 2020 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 Zoning Map Amendment and 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 Zoning Map
Amendment and Minor Variance 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 a Zoning Map Amendment
to RM-2 High-Density Multi-Family Residential District.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds the
approval criteria for zoning amendments in section 11-5-5 of the Zoning Ordinance have been
met in that:
A. The requested zoning classification is compatible with the existing uses and
zoning of property in the environs;
B. The requested zoning classification is supported by the trend of development
in the general area;
C. The requested zoning classification is consistent with the objectives of the City
of McHenry Comprehensive Plan; and
D. The requested classification promotes the public interest.
SECTION 3: That the SUBJECT PROPERTY is hereby granted a minor variance to allow
68.5% of uncovered space in lieu of the required 73% uncovered space to accommodate the
construction of a 4-unit attached single-family residence.
SECTION 4: 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 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: 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 3rd day of August, 2020.
Ayes Nays Absent Abstain
Alderman Devine X
Alderman Glab
Alderman Harding X
Alderman Mihevc
Alderwoman Miller _
Alderman Santi
Alderman Schaefer
Wayne e , M yor Monte JohnsoreDeputy City Clerk
Exhibit A
Legal Description of the Subject Property
THE NORTH HALF OF LOT 5 AND THE NORTH HALF OF LOT 6 IN BLOCK 7 IN THE ORIGINAL PLAT
OF THE VILLAGE (NOW CITY) OF MCHENRY, EAST 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 BLOCK B OF DEEDS, PAGE 160, IN MCHENRY COUNTY, ILLINOIS