HomeMy WebLinkAboutOrdinances - ORD-03-1139 - 04/21/2003 - GRANT ZONING VARIANCES AND APPROVE FINAL PLAT FORORDINANCE NO.ORD-03-1139
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT, CERTAIN VARIANCES AND
APPROVAL OF A FINAL PLAT OF SUBDIVISION FOR PROPERTY LOCATED AT 3316-
3412 WAUKEGAN ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Lanco Development Company, requesting a
Zoning Map Amendment to RM-2, High -Density Multi -Family Residential, approval of certain
Variances and approval of the Final Plat of Subdivision, (the "FINAL PLAT"), to property located
at 3316-3412 Waukegan Road and legally described on "Exh_ibi_- attached hereto and
incorporated herein; (the "SUBJECT PROPERTY"), the FINAL PLAT, attached hereto and
incorporated herein as "Exhibit B"; and
WHEREAS, a public hearing on said petitions was held before the Planning and Zoning
Commission on March 6, 2003, 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, said
Variances and approval of said FINAL PLAT; 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, Variances and FINAL PLAT 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
RM-2, High -Density Multi -Family Residential.
SECTION 2: That the following Variances be granted to the SUBJECT PROPERTY
subject to the conditions that the SUBJECT PROPERTY be developed in substantial
conformance with the following documents, collectively, (the "SITE PLAN"): Riverwalk Place
Townhomes, McHenry,, Illinois LANDSCAPE PLAN prepared by Amy E. Wheeler dated 2/25/03
consisting of one (1) sheet and the building elevations prepared by DIRECT DESIGN LTD
ARCHITECTS dated 11/22/02 and 11/14/02 and bearing a latest revision date of 12/19/02
consisting of two (2) sheets and site renderings consisting of two (2) sheets, the SITE E PLAN,
attached hereto and incorporated herein as "Exhibit C";
Variance to allow five (5) buildings on a single zoning lot.
2. Front yard setback variance from thirty (30) feet to six (6) feet.
3. Side yard setback variance from fifteen (15) feet to five (5) feet.
4. Rear yard setback variance from twenty-five (25) feet to zero (0) feet.
SECTION 3: That the FINAL PAT entitled "FINAL PLAT OF SUBDIVISION-
RIVERWALK PLACE SUBDIVISION", prepared by Smith Engineering Consultants dated
2/13/03, and bearing a latest revision date of 3/14/03 be and the same is hereby approved.
SECTION 4: 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 classifications are compatible with the existing uses and
zoning of property in the environs;
2. The requested zoning classifications are supported by the trend of development
in the general area;
3. The requested zoning classifications are consistent with the objectives of the City
of McHenry Comprehensive Plan; and
4. The requested classifications promote the public interest.
SECTION 5: In granting said 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.
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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 6: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: 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 8: 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 21ST
AYES:
NAYS:
DAY OF APRI L , 2003
BOLGER, GLAB, LOW, MURGATROYD, WIMMER
NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 21ST DAY OF
ATTEST:
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APRIL .2003
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Exhibit A
Legal Description of the SUBJECT PROPERTY
PARCELI:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH; RANGE 8, EAST OF
THE TTIIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF LOT 5 IN BLOCK 3 IN VENICE PARK ADDITION TO McHENRY UNIT NO. 1, A SUBDIVISION
OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26 AND PART OF TIM
NORTHEAST FRACTIONAL QUARTER OF SECTION 35, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED FEBRUARY
25,1941 AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS, PAGE 68; THENCE SOUTH 76 DEGREES 33
MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF PRIVATE LANE NO. 1, AS SHOWN ON
THE PLAT OF VENICE PARK ADDITION TO MdMNRY UNIT NO. 1, AFORESAID, 134.54 FEET TO AN
ANGLE POINT IN SAID SOUTHERLY LINE; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE
(BEING ALSO THE NORTHWESTERLY LINE OF LAND CONVEYED TOT HE CITY OF McHENRY BY
WARRANTY DEED RECORDED JULY 18,1935 AS DOCUMENT NO. 116253) TO A POINT ON THE
NORTHERLY LINE OF WAUKEGAN ROAD, 19.80 FEET SOUTHEASTERLY OF THE SOUTHEAST CORNER
OF SAID LOT 5; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE OF WAUKEGAN ROAD,
19.80 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; T14ENCE NORTHEASTERLY ALONG THE
EASTERLY LINE OF SAID LOT 5 TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS.
PARCEL2:
THAT PART OF LOTS 9 TO 14, INCLUSIVE, AND LOT 15 (EXCEPT THE EASTERLY 60.00 FEET OF SAID
LOT 15) AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 15, IN BLOCK 2 AND
LOTS 4 AND 5 IN BLOCK 3 IN VENICE PARK ADDITION TO McHENRY, UNIT NO. •I AFORESAID, LYING
EASTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID LOT 4 IN BLOCK
3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS MEASURED ALONG SAID
SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 3 AFORESAID, IN
McHENRY COUNTY, ILLINOIS.
PARCEL3:
ALL THAT PART OF PRIVATE LANE NO. I AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO
McHENRY, UNIT NO. 1, A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF
SECTION 26AND PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, ALL IN
'TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 25,1941, AS DOCUMENT NUMBER 152920, IN BOOK 7 OF
PLATS, PAGE 68, LYING EASTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE
OF LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS
MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN
BLOCK 3, AFORESAID, AND LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LAND
CONVEYED TO THE CITY OF MCHENRY BY WARRANTY DEED RECORDED ]ULY 18,1935 AS
DOCUMENT N0, 116253, IN MCHENRY COUNTY, ILLINOIS.
PARCEL4:
THE EASTERLY 60.00 FEET OF LOT 15 IN BLOCK 2 IN VENICE PARK ADDITION TO MCHENRY, UNIT
NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25,1941 AS DOCUMENT NO.
152920, IN MCHENRY COUNTY, ILLINOIS.
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