HomeMy WebLinkAboutOrdinances - ORD-02-1082 - 06/03/2002 - GRANT ZONING AND VARIANCES 1811 N RIVERSIDE DR EILORDINANCE NO. ORD-02-1082
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
VARIANCES TO PROPERTY LOCATED AT 1811 N. RIVERSIDE DRIVE, IN THE CITY
OF MCHENRY, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Eileen Johnson with the City requesting
a Zoning Map Amendment to RS-4, High -Density Single -Family Residential District and
Variances to allow a twelve (12) foot front yard building setback and a twenty-one (21)
foot rear yard building setback for the property 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 May 2, 2002, in the manner prescribed by ordinance and
statute; and
WHEREAS, 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 Variances; 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 Variances are 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 PROPETY, be granted a Zoning Map
Amendment to RS-4, High -Density Single -Family Residential District and Variances to
Table 4 of the Zoning Ordinance to allow a twelve (12) foot front yard building setback
and a twenty-one (21) foot rear yard building setback.
SECTION 2: 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:
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 3: In granting said front yard and rear yard building setback Variances,
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 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.
3. 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.
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.
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.
2
9. The Variance requested is the minimum required to provide the applicant
with reasonable use and enjoyment of the 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 5: 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 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 � DAY OF �" lOaLj , 2002
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
c�\ CR-- c.
Cl 7
ERK
BOLGER, GLAB, LOW, WIMMER
NONE
MURGATROYD
3RD DAY OF JUNE , 2002
K
Exhibit A
Legal Description of the SUBJECT PROPERTY
PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 45
NORTH, RANGE 6 CAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS! BEGINNING AT THE NORTHWEST CORNER
OF LOT 1, IN S.H. FREUND'S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 11, 1952 AS DOCUMENT NO.
256157, IN BOOK 11 OF PLATS, PAGE 59; THENCE NORTH 69
DEGREES 00 MINUTES 42 SECONDS WEST (BEARING ASSUMED) ALONG
THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1, A
DISTANCE OF 54.03 FEET TO THE INTERSECTION WITH A LINE
DRAWN 50.00 FEET NORTHWESTERLY OF AS MEASURED PERPENDICU-
LARLY TO AND PARALLEL WITH THE.NORTHWESTERLY LINE OF SAID
LOT 1; THENCE SOUTH 23 DEGREES'15 MINUTES 12 SECONDS,WEST,
ALONG THE LAST DESCRIBED PARALLEL LINE, A DISTANCE OF
69.60 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY LINE
OF SAID LOT 1 EXTENDED NORTHWESTERLY; THENCE SOUTH 66
DEGREES 33 MINUTES 23 SECONDS EAST ALONG THE SOUTHWESTERLY
LINE OF SAID LOT 1 EXTENDED NORTHWESTERLY, A DISTANCE OF
50.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT l;
THENCE NORTH 3 DECREES 15 MINUTES 12 SECONDS EAST, ALONG
THE NORTHWESTERLY LINE OF SAID LOT 1, A DISTANCE OF 69.4
FEET MORE OR LESS, TO THE POINT OF BEGINNING, ALL IN
MCHENRY COUNTY, ILLINOIS.
ALSO
LOT Ip S.H. FREUND'S SUBDIVISION, A SUBDNISION OF PART OF
NORTHEAST QUARTER OF SECTION 26. TOWNSHIP 45 NORTH, RANGE 8
EAST OF THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED AUGUST It. 1952 AS DOCUMENSr NO.256157, IN BOOK 11 OF
PLATS, PAGE 59, IN MCHENRY COUNTY, ILLINOIS