HomeMy WebLinkAboutOrdinances - ORD-01-1019 - 06/18/2001 - GRANT ZONING AND VARIANCE 1109 N RIVER RD KLEINHANORDINANCE NO. ORD-01-1019
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
VARIANCE TO PROPERTY LOCATED AT 1109 N. RIVER ROAD,
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Jeff Kleinhans
requesting a Zoning Map Amendment to RS-4, High -Density Single -Family Residential,
and a Variance to allow the construction of a new residence with a twelve (12) foot front
building setback and a two (2) foot rear building setback; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on November 6, 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 Zoning Map Amendment
and Variance; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals and finds thpt the approval of the requested Zoning
Map Amendment and 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 1109 N. River Road and
legally described and depicted on Exhibit A, attached hereto and incorporated herein by
reference, be granted a Zoning Map Amendment to RS-4, High -Density Single -Family
Residential, and a Variance to Table 4 of the Zoning Ordinance to allow the construction
of a new residence with a twelve (12) foot front building setback and a two (2) foot rear
building setback.
SECTION 2: That the approval of the Variance as provided in this ordinance is
granted subject to the conditions that the OWNER shall obtain all required permits and
demolish the existing residence at 1109 N. River Road within six (6) months and shall
begin construction of the new residence within one (1) year following City Council
approval of the annexation of the SUBJECT PROPERTY to the CITY.
SECTION 3: In granting said Zoning Map Amendment, the City Council finds that
the requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses
and zoning of property in the environs;
2. The requested zoning classification is supported by the trend of
development in the general area;
3. The requested zoning classification is consistent with the objectives of the
City of McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 4: In granting said variance, the City Council finds that the
requirements of Table 32 of the Zoning Ordinance have been met in that:
1. 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.
2. The special circumiistances 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 soir 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.
3. The special circumstances races 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.
4. 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.
5. 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.
6. 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.
2
7. 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.
8. 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.
9. The Variance requested is the minimum required to provide the applicant
with reasonable use and enjoyment of the property.
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
AYES:
NAYS:
18TH DAY OF JUNE , 2001
;y
NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS
ATTEST:
CI Y ERK
18TH DAY OF JUNE
12001
3
Exhibit A
Plat of Survey and Legal Description of the SUBJECT PROPERTY
o.
O o o
5 N.
y d C 2
\ ly U. d C
'^
A
C O �
v fi mad
o0ny
C � Cj•
n
El
b
oo �
S
oBn
„ @
0
ao �
0
pO a
°
"��
o
noEDo
u^�
n'ff%y 9 � 2
^q
r
woos
Bo
o� �n
nb?�
t a tea..
01104:1
i
/
� i
/
ro , YN2!•.
1
r
0r
T
�C
OOnOCOO�O�OMC
z r~ x
nz,,0��7o�"DOOz=mx
Obl-'�B�A�yODNz_
�a ovoromm5
O L� KrOmym00 a-
womoHXC��ONAm9[z
°pEn z oboe
iy W x m
y�no� o o�n{7mr7o
roOOm V M5Or�° C
n
D�"� C
m m zo C
ab rn ^i o. >..j ,O °yin-m17�•Z
N
Mp rnNQmOyI`�',�0��'<
Cn ttrrll � r