Loading...
HomeMy WebLinkAboutOrdinances - ORD-06-1328 - 08/14/2006 - GRANT VARIANCE MULTIPLE BLDGS LEGEND LAKES N1ORDINANCE NO. ORD-06-1328 AN ORDINANCE GRANTING A VARIANCE TO ALLOW MULTIPLE BUILDINGS ON A ZONING LOT FOR LEGEND LAKES NEIGHBORHOOD 1, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Kimball Hill Homes requesting a variance to allow multiple buildings on a zoning lot 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 May 18, 2006, in the manner prescribed by ordinance and statute; and , WHEREAS, as a result of said hearing, the vote of the Planning and `Zoning Commission recommending approval of the requested variance was (5-0) with two members absent; 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 l: That the SUBJECT PROPERTY shall be granted a variance to allow multiple buildings on a zoning lot for Legend Lakes Neighborhood 1. 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 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. 1 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 14TH DAY OF AUGUST , 2006 AYES: NAYS: ABSTAINED: SANTI, SCHAEFER, WIMMER, CONDON G1.AB, MURGATROYD. ABSENT: PETERSON NOT VOTING: NONE APPROVED THIS 14TH DAY OF ATTEST: CIT CL AUGUST i ,MAYOR 2006 2 EXHIBIT A That part of the Northwest quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. Described as follows: Commencing at the northwest corner of said northwest quarter, thence south 00 Degrees 15 minutes 50 seconds east, 380.05 feet along the west line of said northwest quarter to the south line of Lot 2 in San -Mar Subdivision per Document Number 659255; Thence north 89 Degrees 17 Minutes 51 Seconds east, 74.61 feet along said south line to the point of beginning. Thence north 89 Degrees 17 Minutes 51 Seconds east, 498.60 feet along said south I' a to the southeast corner of said Lot 2; Thence north 00 Degrees 15 Minutes 50 Seconds east, 380.05 feet along the east line of said San -Mar Subdivision to the northeast corner of Lot 1 in said Subdivision, said point being on the north line of said northwest quarter; thence north 89 Degrees 17 Minutes 51 Seconds east, 1,074.64 feet along said north line to the west line of the east 30 acres of the northeast quarter of said northwest quarter; Thence 00 Degrees 02 Minutes 02 Seconds east 1,323.25 feet along said west line to the south line of the northwest quarter of said northwest quarter; thence south 89 Degrees 21 minutes 24 Seconds west 333.73 feet along said south line to the southwest corner thereof; Thence south 00 Degrees 06 Minutes 53 Seconds wet, 335.20 feet along the east line of the southwest quarter of said northwest quarter to the north line of the south 30 Degrees 24 Minutes 56 Seconds west, 1,253.58 feet along said north line to the east line of Shamrock Farms Subdivision — Neighborhood 3 Recorded November 7, 2002 as Document Number 2002R0103432, said east line also being the east right-of-way line of Curran Road as Dedicated by Document No. 2002ROI03432; Thence north 00 Degrees 32 Minutes 58 Seconds East, 1,275.71 feet along said east line to the Point of Beginning.