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HomeMy WebLinkAboutOrdinances - ORD-03-1179 - 10/20/2003 - GRANT VARIANCES AND APAPROVE FINAL PLAT SHAMROCK FORDINANCE NO. ORD-03-1179 AN ORDINANCE APPROVING CERTAIN VARIANCES AND THE FINAL PLAT OF SUBDIVISION FOR SHAMROCK FARMS -NEIGHBORHOOD 2, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Kimball Hill Homes requesting approval of certain variances and the final plat of subdivision for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed Variances and the final plat of subdivision at a public meeting held October 2, 2003, and provided a written record of this meeting and its recommendation to the City Council; and WHEREAS, the City Council finds that the approval of the variances and the final plat is in conformance with the Ordinances of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROPERTY be granted Variances to allow a twenty-five (25) foot front yard building setback and multiple buildings on a single zoning lot. SECTION 2: That the final plat entitled "Shamrock Farms Subdivision - Neighborhood 2", prepared by Manhard Consulting Ltd., dated 7/9/03, last revised 10/14/03, attached hereto and incorporated herein by reference, be and the same is hereby approved. 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. 1 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. 2 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 20TH I DAY OF nr.-rnRFR , 2003 AYES: BOLGER, LOW, PETERSON, CONDON NAYS: GLAB, MURGATROYD, WIMMER NONE ABSTAINED: ABSENT: NONE NOT VOTING: NONE APPROVED THIS 20TH DAY OF OCTOBER , 2003 ATTEST: (�'\o ` cs� C1 C ERK 4 z:22 a MAYOR 3 Exhibit A Legal Description of the SUBJECT PTOPERTY BEING A RESUBDIVISION OF OUTLOT H IN SHAMROCK FARM SUBDIVISION — NEIGHBORHOOD 3, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 32 AND PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS.