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HomeMy WebLinkAboutOrdinances - ORD-07-1361 - 03/05/2007 - GRANT VARIANCE MULT BUILDINGS AND VARIANCE LOT WIDORDINANCE NO.ORD-07-136t AN ORDINANCE GRANTING A VARIANCE TO ALLOW MULTIPLE BUILDINGS ON A ZONING LOT AND A VARIANCE FOR LOT WIDTH FOR THE TOWNHOMES OF PRAIRIE LAKES IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by SW McHenry LLC requesting a variance to allow multiple buildings on a zoning lot and a variance for lot width for the properly 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 February 15, 2007, 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 variances 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 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 l: That the SUBJECT PROPERTY shall be granted a variance to allow multiple buildings on a zoning lot and a variance to waive the requirement for a lot width of 30' per unit, to allow the development of the Townhomes of Prairie Lakes Subdivision, in accordance with the Final Plat of the Townhomes of Prairie Lakes Subdivision, prepared by Terra Technology Land Surveying, Inc. with a revised date of 2/5/07. SECTION 2: 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 variances are 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 variances are 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 variances 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. Variances are 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 variances 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 variances 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 variances 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 variances requested are 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 afler its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 5TH DAY OF MARCH 2O07 AYES: NAYS: ABSTAINED: SANTI, GLAB, SCHAEFER, MURGATROYD, PETERSON, CONDON NONE ABSENT: WI NOT VOTING: NONE APPROVED THIS 5TH DAY OF MARCH 2 L� O07 c__ MAYOR ATTEST: >�� -�, \ U - C, r CITY C ERk\ 2 E,X141BIT A Legal Description of the SUBJECT PROPERTY That part of the North Half of the Southwest Quarter of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the North line of the Southwest Quarter of said Section 3, said point being 264.0 feet East of the Northwest corner thereof': thence North 89 degrees 18 minutes 22 seconds East along the North line thereof, 389.56 feet to the Southwest corner of Kresswood Trails Phase 2 according to the Plat thereof recorded December 20, 2002 as Document 2002R0122070; thence South 00 degrees 41 minutes 27 seconds East, 100.00 feet to the South line of Bull Valley Road; thence North 89 degrees 18 minutes 22 seconds East along said South line, 1,057.54 feet to the westerly right-of-way line of the Chicago and Northwestern Railroad; thence South 29 degrees 14 minutes 27 seconds West along said westerly right-of-way line, 1,405.85 feet to the South line of the North Half of the Southwest Quarter of said Section 3; thence South 89 degrees 19 minutes 07 seconds West along said South line, 771.59 feet to the East line of the West 264.0 feet of said Southwest Quarter thence North 00 degrees 26 minutes 14 seconds East along said West line, 1,318.40 feet to the Place of Beginning in McHenry County, Illinois.