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Home My WebLink AboutOrdinances - ORD-04-1228 - 10/18/2004 - GRANT VARIANCES 4650 W ELM STREET SERGIO PEREZORDINANCE NO. ORD-04-1228 AN ORDINANCE GRANTING VARIANCES FOR THE FRONT AND SIDE YARD BUILDING SETBACKS AND LOT WIDTH FOR THE PROPERTY LOCATED AT 4650 W. ELM STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Sergio Perez requesting Variances for the front and side yard building setbacks and lot width for the property located at 4650 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 16, 2004, 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 Aranting 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 SUBJECT PROPERTY is hereby granted a 15.4-foot front yard building setback Variance to allow a 9.6-foot front yard building setback and a 7.8-foot side yard building setback Variance to allow a 2.2-foot side yard building setback on the west property line with the condition that the SUBJECT PROPERTY is developed in substantial accordance with the elevations prepared by Direct Design Ltd. Architects dated 8/20/04, attached hereto and incorporated herein as Exhibit "B". SECTION 2. That the SUBJECT PROPERTY is hereby granted a fifty (50) foot lot width Variance to allow a one -hundred fifty (150) foot lot width. 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 18TH DAY OF OCTOB ER , 2004 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NOT VOTING: NONE APPROVED THIS 18TH _ DAY OF OC_TOB ER , 2004 ATTEST: CIT CL C e Z';t4� YOR N PLAT OF SURVEY Lots 10 and 11 in Block 3 in Lakeland Shores Unit No 3, being o Subdivision of port of the North Half of the Southwest Ouorler of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, lying South of the centerline of Slate Route 120, according to the Plot thereof, recorded April 25, 1958 as Document No 337444, in Book 13 of Plats, page 55, and as amended by Instrument recorded May 9, 1958 as Document No 338057, in McHenry County, Illinois `STAT�� `�Ovf L`STREfTI LEGEND • FOUND IRON BAR SET IRON BAR • FOUND SPIKE INSET SPIKE • FOUND IRON PIPE LRFOUND MONUMENT CLIENT. DIRECT DESIGN DRAWN BY. ST CHECKED BY: JV SCALE: 1'=30' SEC. 27 T. 45 R 8 E. BASIS OF BEARINO:ASSUMED P I N.: 09-27-331-008 JOB NO.: 040878 I.D. LSS FIELDWORK COMP: 8/12/04 BK _PG._ .4L USIA S Sa " e1 REI Mo oEOYAI KF aaao27 PmTS WREa, caaercnD 10 as r NOTE: only thane Building line Restrictions or Eaeementa shown on a Recorded Subdivision Plat are shown hereon unless the description ordered to be surveyed contains a Proper description of the required building lines or :asements. No distance should be assumed by scaling • No underground improvements have been located unless shown and noted • No representation as to ownership, use, or prnrmorion should be hereon Implied • This Survey and Plat of Survey are void without original embossed or colored seat and signature affixed. Compare your description and site markings with this plat and AT ONCE report any discrepancies which you may find 3't NE OF In my professional opinion and based on my observations, 1 hereby certify that we have surveyed the premises above described, and that the plat hereon is a true representation of said survey. This professional service conforms to the current Illinois minimum standards for a boundary survey. Dated at Woodstock, McHenry County, Illinois 8 13 ,A.D.. 20 04 . VANDERSTAPPEN SURVEYING, INC. Design Firm No. 184-002792 By: Illinois Professional Land Surveyor No 2709 dwq 8/13/2004 7.15 34 AM CDT EXHIBIT "A" Legal Description of the SUBJECT PTOPERTY Lots 10 and 11 in Block 3 in Lakeland Shores Unit No.3, being a Subdivision of part of the North Half of the Southwest Quarter of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian, lying South of the centerline of State Route 120, according to the Plat thereof, recorded April 25, 1958 as Document No. 337444, in Book 13 of Plats, page 55 and as amended by Instrument recorded May 9, 1958 as Document No. 338057, in McHenry County, Illinois. Illlli011111�1�llliulull L 9�N� rn tp i i La Rosita GROCERY 4"s w. KTM.. I" MCMEMEMA. ILLIM06