HomeMy WebLinkAboutOrdinances - O-96-783 - 04/03/1996 - GRANT VARIANCE HERITAGE INVESTMENT SERV 3714-3726HERITAGE INVESTMENT SERVICES )
MILL POND COURT )
3714 - 3726 W. ELM STREET )
MCHENRY, IL )
ORDINANCE NO O-96-783
ZONING FILE NO Z-405
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING
VARIANCES THEREON.
Whereas, a written Petition signed by Heritage Investment has been filed with the City
Clerk of the City of McHenry, Illinois requesting the granting of variances under the provisions
of the Zoning Ordinance of the City of McHenry, as amended, concerning the following
described premises:
Lots 6 & 7 (except the southerly 110 feet, as measured along the easterly line of Lot 7 and the
westerly line of Lot 6, thereof) in Matt Bauer's Addition to the City of McHenry, a subdivision of
part of the southwest quarter of Section 26, Township 45 North, Range 8 east of the third
principal meridian, according to the plat thereof recorded February 8, 1932, as document
100509, in book 7 of Plats, Page 42; all in McHenry County, Illinois.
ALSO
Lots 8 to 11, both inclusive, in Block 4 of A.P. Freund's Mill Stream Park Addition, Unit no. 1, a
subdivision of part of the southwest quarter of Section 26, Township 45 North, Range 8 east of
the third principal meridian, according to the Plat dated October 14, 1948 and recorded on April
19, 1949 as document no. 219945 in Book 10 of Plats, Page 111, in McHenry County, Illinois.
commonly known as: 3714 - 3726 West Elm Street - Mill Pond Court.
Whereas, said Petitioner is requesting variances to permit the construction of a second
principle building on the subject premises with an interior side yard of 10' with said construction
requiring variances as the minimum required by the City of McHenry Zoning Ordinance; and,
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on
March 4, 1996, at which time the Zoning Board of Appeals did take evidence and view exhibits
presented thereat by the Petitioner; and,
Whereas, based on evidence heard, the Zoning Board of Appeals denied the Petitioners
request, and,
Whereas, although the Zoning Board of Appeals denied the Petitioners request, the City
Council finds that it would serve the interests of the City if variances were granted as
requested.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of McHenry, Illinois,
as follows:
Section 1: That the variances are hereby granted on the foregoing legally described
property, commonly known 3714 - 3726 West Elm Street - Mill Pond Court, to permit the
construction of a second principle building on the subject premises with an interior side yard of
10'. But that, even with these variances, the subject property owners) will still be required to
comply with all requirements as to new construction.
Section 2: That the City Council find in granting said variances that the following
conditions have been established in granting these variances:
A. Provide a sanitary sewer easement across the subject property for the benefit of White
Hen Pantry.
B. Provide a landscape screen consisting of deciduous and non -deciduous plants between
the proposed building and the residential use to the north.
C. Provide a landscape plan to the Building and Zoning Department for approval for the area
along the south property line abutting Route 120 between the west property line and the
most westerly entrance from Route 120.
Section : That the City Council finds that in granting these variances, the following
findings have been proved before this body:
A. Special circumstances exist that are peculiar to the property for which the variance is
sought and that do not apply generally to other properties in the same zoning district.
And these circumstances are not of so general or recurrent a nature as to make it
reasonably practical to provide a general regulation to cover them.
B. Since a variance will affect the character of its surroundings long after a property changes
hands the special circumstances referenced herein relate to only the physicail character of
the land or building(s) for which a variance is sought, such as dimensions, topograhpy or
soil conditions. They do not concern any business or activity the present or prospective
owner or tenant carries on, or seeks to carry on, therein nor to the personal, business or
financial circumstances of such owner or tenant or any other party with interest in the
property.
C. The special circumstances that are the basis for a variance have not resulted from any act
of the applicant or of any other party with interest in the property.
D. The strict application of the provisions of the City of McHenry Zoning Ordinance would
result in unnecessary and undue hardship upon the applicant, as distinguished from mere
inconvenience.
E. A variance is necessary for the applicant to preserve and enjoy a substantial property
right possessed by other properties in the same zoning district and does not confer a
special privilege ordinarily denied to other properties in the district.
F. The grant of a variance is necessary, not because it will increase the applicant's
economic return, although it may have this effect, but because without a variance, the
applicant will be deprived of any reasonable use or enjoyment of the property.
G., The granting of the variance will not alter the essential character of the locality nor
substantially impair environmental quality, property values or public safety or welfare in
the vicinity.
H. The granting of a variance will be in harmony with the general purpose and intent of the
city of McHenry Zoning Ordinance and the City of McHenry Comprehensive Plan.
I. The variance requested is the minimum required to provide the applicant with reasonable
use and enjoyment of his property.
Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions
hereof, are hereby repealed to the extent of such conflict.
Section : This ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, 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 3rd day of April_ , 1996
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
None
Approved this 3r day of Apri 1 199 6
,i MAYOR
ATTEST:
CITY CLERK
rev: April 5, 1996