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HomeMy WebLinkAboutOrdinances - ORD-00-958 - 05/03/2000 - GRANT VARIANCE 3309 WAUKEGAN RD CAREY ELECTRICORDINANCE NO. ORD-00-958 AN ORDINANCE GRANTING A VARIANCE AT 3309 WAUKEGAN ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Richard Carey, Carey Electric, requesting a Variance to reduce the side setback along the east property line from 10 to 0 feet at 3309 Waukegan Road; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on April 3, 2000, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council the granting of the requested Variance; and WHEREAS, the City Council has considered the evidence and recommendation from the Zoning Board of Appeals and finds that the approval of the requested 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 property commonly know as 3309 Waukegan Road and legally described on Exhibit A, attached hereto and incorporated herein by reference, be granted a Variance to Table 8 of the Zoning Ordinance to reduce the side setback in the 0-2 zoning district from 10 to 0 feet along the east property line. E SECTION 2: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 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 reasonable practical to provide a general regulation to cover them. B. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, 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, not 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 the 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 Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a 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 granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. G. The granting of a 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 Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 2 1. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: 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 mAY -, 2000 AYS: BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NAYS: NONE. ABSTAINED: NONE, ABSENT: NONE. NOT VOTING: NONE. APPROVED THIS 3RD DAY OF MAY 2000 ATTEST: CITY CLERK 1AYOR M Exhibit A Legal Description of the SUBJECT PROPERTY PARCEL 1 BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33. TOWNSHIP 45 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, THENCE SOUTH ALONG THE EAST LINE OF THE NORTHKST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35. TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, FOR A DISTANCE OF 143.88 FEET TO A PLACE OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF LANDS CONVEYED BY C. BECKWITH TO H. OWEN BY DECO DATED MARCH 30, IaG7. AND RECORDED IN THE RECORDER'S OFFICE OF McHENRY COUNTY, ILLJNOIS IN BOOK 34 OF DEEDS. PAGE 338. FOR A DISTANCE OF 78 FEET, THENCE SOUTH ON A UNE PARALLEL VATH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. FOR A DISTANCE OF 230 FEET TO A POINT; THENCE EAST ON A STRAIGHT LINE TO A POINT OF INTERSECTION WTH THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH ALONG THE QUARTER SECTION LINE LAST DESCRIBED TO THE PLACE OF BEGINNING, ALL IN THE CITY OF McHENRY. COUNTY OF MCHENRY AND STATE OF ILLINOIS. TOGETHER VATH: PARCFL 1 THAT PART OF LOT #5 IN 'THE COUNTY CLERK'S PLAT OF THE NORTH HALF OF SECTION 35. TOWNSHIP 45 NORTH, RANCE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT #5 LOCATED 150.0 FEET NORTH OF THE SOUTHEAST CORNER THEREOF: 'THENCE SOU1H 88 DEGREES 38 MINUTES 37 SECONDS WEST ALONG A LINE PARALLEL WITIi THE SOUTH LINE OF SAID LOT #5. 78.00 FEET; 'THENCE NORTH 0 DEGREES 27 MINUTES 55 SECONDS WEST, 65.37 FEET. THENCE NORTH 90 DEGREES 00 MINUTES DO SECONDS EAST, 78.00 FEET; THENCE SOUTH 0 DEGREES 27 MINUTES 55 SECONDS EAST. 83.52 FEET TO THE PLACE OF BEGINNING, IN THE CITY OF McHENRY, IN McHENRY COUNTY� IWNOIS.