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Home My WebLink AboutOrdinances - ORD-05-1263 - 04/11/2005 - PRESERVES OF BOONE CRK GRANT ZONING AND VARIANCESORDINANCE NO. ORD-05-1263 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CERTAIN VARIANCES FOR THE PRESERVES OF BOONE CREEK DEVELOPMENT LOCATED ON THE EAST AND WEST SIDES OF CURRAN ROAD AND ON THE NORTH SIDE OF BULL VALLEY ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by First Midwest Bank Trust #4562, First Midwest Bank Trust #13375 and Gerstad Builders, hereinafter collectively referred to as the "OWNER", requesting a Zoning Map Amendment to RS-2, Medium Density Single -Family Residential, RM-1, Low -Density Multi -Family Residential and C-3 General Commercial District, along with approval of certain variances for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on October 21, 2004, 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 Amendments and variances; 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 Amendments and variances 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 PROPERTY be granted a Zoning Map Amendment to RS-2, Medium Density Single -Family Residential, RM-1, Low -Density Multi -Family Residential, and C-3 General Commercial, in accordance with the zoning district boundaries depicted on Exhibit B attached hereto and incorporated herein, entitled "Proposed Zoning Partitions for the Adams Farm", prepared by Howard Surveying Co., Inc., dated September 21, 2004. SECTION 2: That the SUBJECT PROPERTY be granted the following variances: 1. Lot Width Variance from 80 feet to 70 feet for Parcels 1, 2 and 5 as depicted on the Concept Plan, prepared by Welch Hanson Associates, dated January 15, 2003 and bearing a latest revision date of November 30, 2004-0 1, attached hereto as Exhibit C Jhereinafter referred to as "Concept Plan"). 2. Lot Size Variance from 10,890 square feet to 9,000 square feet for Parcels 1, 2 and 5 on the Concept Plan. 3. Front Yard Building Setback Variance from 30 feet to 20 feet for Parcels 2 and 5 on the Concept Plan. SECTION 3: In granting said Zoning Map Amendments, 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; 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 4: 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. 2 SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 11TH DAY OF. APRI L , 2005 AYES: BOLGER, LOW, WIMMER, PETERSON, CONDON NAYS: GLAB, MURGATROYD ABSTAINED: N 0 N E: ABSENT: NON E: NONE NOT VOTING: APPROVED THIS 11TH DAY OF A.PRIL ° 12005 MA OR ATTEST: CIT CL Exhibit A Legal Description of the SUBJECT PROPERTY 5, THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: GOVERNMENT LOT 1 OF THE NORTHEAST QUARTER OF SECTION 5 (EXCEPT THAT PART BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5 AND RUNNING THENCE EAST ON THE SOUTH LINE THEREOF, FOR A DISTANCE OF 1036.14 FEET TO A POINT FOR THE PLACE OF BEGINNING; THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 313.07 FEET TO A POINT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, FOR A DISTANCE OF 208.71 FEET TO A POINT; THENCE SOUTH, FOR A DISTANCE OF 313.07 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, SAID POINT BEING 208.71 FEET EAST OF THE PLACE OF BEGINNING; THENCE WEST, FOR A DISTANCE OF 208.71 FEET TO THE PLACE OF BEGINNING), ALSO THE WEST HALF OF GOVERNMENT LOT 2 OF THE NORTHEAST QUARTER OF SAID SECTION 5, ALSO A PART OF GOVERNMENT LOT 1 OF THE NORTHWEST QUARTER OF SAID SECTION 5, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 5 AND RUNNING THENCE NORTH ALONG THE NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF THE SOUTH 65 ACRES OF SAID NORTHWEST QUARTER; THENCE WEST PARALLEL WITH THE EAST AND WEST QUARTER LINE, 1015.38 FEET; THENCE SOUTH PARALLEL WITH SAID NORTH AND SOUTH QUARTER LINE, 1072.5 FEET, MORE OR LESS, TO THE SAID EAST AND WEST QUARTER LINE; THENCE EAST ALONG SAID EAST AND WEST QUARTER LINE, 1015.38 FEET TO THE PLACE OF BEGINNING; ALSO THE NORTHWEST QUARTER OF SECTION 4, ALL BEING IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS; 11 J 2� 1� j r ..fir °a \\ 1092 5 156'1 24' NOo' 45 50 W NOW 45N�W �`�� Cli l�jkjsli:F�Fii��°llirs;'• }: P \�\ _ ` fy eil�l1 s ffytC.lfazi ,\ \ . p iC�(i 1 tf} f s �132620' Soo' 2040'E 3.M .OS .0 ,0 ME s LN 75009 If ° aJ F Cl,) '� y ilitgi 'iei 500' 09OB 29"E U �pn `!!le ellt• {� i o � A -t I 0 w 75009 v� y• s��• c sr�'. a d sldl l aao m 6 563 lu Soo, 09 2B"E '330 0' g:l'ri "'F(r ti s��igligl��ltgl�,�l��;' e 47034 il(iF(`Ff FIT Fir; (tg N,02G 3p2E N08. 24'03-E N2 . r 0• ' j!`199H9g11't i�gg'g�: ttliti�s�tr•�, f1,t �a,;>=,f`v ` N,< >, g ( gi��tiii�ileg�� 'F``►�f�lt��o° �i3°'�f�1 �;4 � W� m f 1 laiiillllc,rli gE� .l.rg 11�a 'IfI t" i�(1'}i�1 }tl g`s;('i1i� Iz w v la•. ... 1.sit fr (i}I •ei((Yp�iil9'f (flj 2 111iI1i °Bo . g'�99E•e�if��j; vN T., �\ \\\\\\\2617 53' % I y EXHIBIT B ��Q�R'�ealEE�iy� E aRF ',IE F RBR"'Ri ain iE EpePel�IEE g- 19 I� 9 8 y 7 AN NA x 5 k' �gF day px �8 m F— o m OR -Ire reC .. 8 o A S O Y-n 40 u 0 v o' D G A § qfl K a _ _ - R N R AD b g C y 2 �3 08 D c.�.L..�Z A m f ti D m ph Dpy C�Av z� cz-A80Sb2 p +,x apaD Az gig! 8 Momco 6 68 z - v m iDm zYz v z R - y own oD vc � � zo- � z p cz _ A � N SNC O aJ L BROOKWOOD TRAIL F?�3 ; ' Ill UtKJ IAU bUILUt" F Z. 6 ADAMS FARM 1 kg _ WHENRY, ILLINOIS EXHIBIT C 4 ..'. 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