HomeMy WebLinkAboutOrdinances - ORD-06-1310 - 05/01/2006 - GRANT VARIANCE 3516 WAUKEGAN RD MCHENRY VILLA/CITYORDINANCE NO. ORD-06-1310
AN ORDINANCE GRANTING A BUILDING SETBACK VARIANCE TO ALLOW
A REDUCTION IN THE REAR YARD BUILDING SETBACK
AT 3516 WAUKEGAN ROAD
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by the City on behalf of property owner Maureen Annamarie
requesting a Building Setback Variance to allow a reduction in the rear building setback for the existing
building at 3516 Waukegan Road, which property is 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 April 20, 2006, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously
recommended approval 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 PROPERTY be granted a Building Setback Variance to allow a
reduction in the rear yard building setback for the existing building from 17.5' to 2.5'on the west side, and
from 20' to 5' on the east side.
SECTION 2: In granting said Variance, the City Council finds that 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 1 CT DAY OF MAY , 2006
SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDOW1
AYES:
NAYS:
ABSTAINED:
ABSENT:
NONE
NONE
NONE
NOT VOTING: NONE
APPROVED THIS 1ST DAY OF
ATTEST:
CITY C RI
MAY 92006
MAYOR
EXHIBIT A
Legal Description of Subiect Property
PARCEL 1: LOT 1 IN BLOCK 2 IN VENICE PARK ADDITION TO McHENRY, UNIT NO. 1, A
SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26 AND
PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, ALL IN TOWNSHIP 45
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED FEBRUARY 25, 1941 AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS,
PAGE 68, EXCEPT THAT PART OF SAID LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE
POINT OF INTERSECTION OF SOUTHERLY LINE OF BOONE LAGOON WITH THE WESTERLY
LINE OF SAID LOT 1 AND RUNNING THENCE SOUTH 28 DEGREES, 31 MINUTES WEST ON THE
WEST LINE OF SAID LOT 1, FOR A DISTANCE OF 48.41 FEET TO A POINT; THENCE
SOUTHEASTERLY ON A LINE FORMING AN ANGLE OF 106 DEGREES, 38 MINUTES, TO THE
LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED
POINT, FOR A DISTANCE OF 31.97 FEET TO A POINT; THENCE NORTHEASTERLY ON A LINE
FORMING AN ANGLE OF 83 DEGREES, 35 MINUTES, 50 SECONDS TO THE LEFT, WITH A
PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A
DISTANCE OF 43.17 FEET TO THE SOUTHERLY LINE OF SAID BOONE LAGOON; THENCE
NORTHWESTERLY ON THE SOUTHERLY LINE OF SAID BOONE LAGOON, FOR A DISTANCE OF
23 FEET TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS. ALSO
PARCEL 2: THAT PART OF LOTS 2 TO 9, BOTH INCLUSIVE, IN BLOCK 2 AND LOTS 1 TO 4,
BOTH INCLUSIVE, IN BLOCK 3 IN VENICE PARK ADDITION TO McHENRY, UNIT NO. 1,
AFORESAID, LYING WESTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY
LINE OF LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0
FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST
CORNER OF LOT 4 IN BLOCK 3, AFORESAID, IN McHENRY COUNTY, ILLINOIS. ALSO
PARCEL 3: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THAT PART OF THE NORTHEAST
QUARTER OF SECITON 35, TOWNSHIP 43 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF
SECTION 35, AFORESAID; THENCE NORTH 32 3/ DEGREES EAST, 68.0 FEET TO THE
INTERSECTION OF THE NORTHERLY LINE OF WAUKEGAN ROAD WITH THE EAST LINE OF
GREEN STREET; THENCE SOUTH 70 3/ DEGREES EAST ALONG SAID NORTHERLY LINE OF
WAUKEGAN ROAD 188.0 FEET TO A POINT FOR THE PLACE OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE NORTH 19 1/4 DEGREES EAST, 134.18 FEET TO THE SOUTHERLY
LINE OF PRIVATE LANE NO. 1 AS SHOWN ON THE PLAT OF VENICE PARK ADDITION OF
McHENRY, UNIT NO. 1, AFORESAID; THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY
LINE OF PRIVATE LANE NO. 1, 209.50 FEET TO THE NORTHWEST CORNER OF LOT 1 IN SAID
VENICE PARK ADDITION TO McHENRY, UNIT NO. 1; THENCE SOUTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 1, 132.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF WAUKEGAN ROAD 217,67
FEET TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS. ALSO
PARCEL 4: ALL THAT PART OF PRIVATE LANE NO. 1 AS SHOWN ON THE PLAT OF VENICE
PARK ADDITION OF McHENRY, UNIT NO. 1, A SUBDIVISION OF PART OF THE SOUTHEAST
FRACTIONAL QUARTER OF SECTION 26 AND PART OF THE NORTHEAST FRACTIONAL
QUARTER OF SECTION 35, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941
AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS, PAGE 68, LYING SOUTHEASTERLY OF A
LINE DRAWN AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID PRIVATE LANE NO. 1
FROM A POINT ON SAID NORTHERLY LINE 44.43 FEET SOUTHEASTERLY AS MEASURED
ALONG SAID NORTHERLY LINE OF PRIVATE LANE NO. 1 OF THE SOUTHWEST CORNER OF
LOT 1, AND LYING WESTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY
LINE OF LOT 4 IN BLOCK 3, IN VENICE PARK ADDITION TO McHENRY NO. 1, AFORESAID,
FROM A POINT ON SAID SOUTHERLY LINE OF LOT 4, 10.0 FEET, AS MEASURED ALONG SAID
SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF SAID LOT 4, ALL IN
McHENRY COUNTY, ILLINOIS.
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