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HomeMy WebLinkAboutOrdinances - ORD-04-1197 - 01/19/2004 - GRANT VARIANCE TARGET FOR ROW EXPANSIONORDINANCE NO.ORD-04-1197 AN ORDINANCE GRANTING A VARIANCE TO ALLOW A THREE-FOOT PARKING - SCREENING STRIP FOR PROPERTY LOCATED AT 1860 N. RICHMOND RD. IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed Target Corporation, requesting a Variance from Table 15 of the City of McHenry Zoning Ordinance to allow a three (3) foot parking -screening strip, 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 December 18, 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 Variance; 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 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 SUBJECT PROPE7Y be granted a Variance to Table 15 of the CITY'S Zoning Ordinance to allow a three (3) foot parking screening -strip. SECTION 2: 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 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 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: 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 5: 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 19TH DAY OF JANUARY AYES: NAYS: ABSTAINED: ABSENT: 2004 BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON NONE NONE NOT VOTING: poi APPROVED THIS 19TH DAY OF JANUARY , 2004 t� ,MAYOR ATTEST: kcs— (- CITY L K 2 Exhibit A Legal Description of the SUBJECT PROPERTY Lot 1 of the McCullom Quarter of Section 26, Meridian, recorded as Place Subdivision, being a Township 45 North, Range Document 93R-073961, subdivision of the Northeast 8 East of the Third Principal in McHenry County, Illinois 3