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HomeMy WebLinkAboutOrdinances - ORD-03-1172 - 08/29/2003 - GRANT VARIANCES 4228 W ELM STORDINANCE NO. ORD-03-1172 AN ORDINANCE GRANTING FRONT AND CORNER SIDE YARD BUILDING SETBACK VARIANCES FOR THE PROPERTY LOCATED AT 4228 W ELM STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Boone Creek LLC requesting front and corner side yard building setback Variances for the property located at 4228 W. Elm Street, 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 September 11, 2003, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Variances; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested Variances 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 front yard setback on the SUBJECT PROPERTY is hereby reduced from thirty (30) feet to zero (0) feet. SECTION 2: That the corner side yard setback on the SUBJECT PROPERTY is hereby reduced from thirty (30) feet to eight (8) feet. SECTION 3: 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. 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 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 29TH DAY OF SEPTEMBER , 2003 AYES: NAYS: ABSTAINED: ABSENT: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON NONE NONE NONE NOT VOTING: NONE APPROVED THIS 29TH DAY OF ATTEST: CI C RK SEPTEMBER .2003 t AYOR 2 EXHIBIT "A" Legal Description of the SUBJECT PROPERTY Lot 1 in Boone Creek Plaza, being a Subdivision of part of the East Half of the Southeast Quarter of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded May 6, 1983, as Document Number 854493, in McHenry County, Illinois.