HomeMy WebLinkAboutOrdinances - 20-39 - 11/02/2020 - Variance at 808 S Carol Ave ORDINANCE NO 20-39
AN ORDINANCE GRANTING A MINOR VARIANCE TO ALLOW A 17 FEET AND 3.25 INCH FRONT
YARD SETBACK FOR THE PROPERTY LOCATED 808 S CAROL AVENUE IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Ruben and Sherry Arevalo ("PROPERTY
OWNERS") requesting approval of a minor variance to allow a 17 feet and 3.25 inch front yard
setback in lieu of the required 30 feet for the property located at 808 S Carol Avenue and 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 October 21, 2020 in the manner prescribed by ordinance and statute, and as a
result of said hearing, the Planning and Zoning Commission did unanimously recommend to the
City Council the granting of the requested minor 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 minor 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 is hereby granted a minor variance from
§11-8D-1: Table 1; Residential District Requirements of the City of McHenry Zoning Ordinance
to allow a 17 feet and 3.25 inch front yard setback in lieu of the require 30 feet to
accommodate the expansion of the existing garage with a second floor addition.
SECTION 2: In granting said minor variance, the City Council finds that the Approval
Criteria for Variances identified in §11-19-5 of the City of McHenry Zoning Ordinance have been
met.
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hereof are hereby repealed to the extent of such conflict.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 2nd day of November, 2020.
Ayes Nays Absent Abstain
Alderman Devine X
Alderman Glab X
Alderman Harding X
Alderman Mihevc X
Alderwoman Miller X
Alderman Santi X
Alderman Schaefe
X
�'hoac� a�
Wayne et , Mayor Monte Johnson, Deputy City Clerk
Exhibit A
Legal Description of the Subject Property
LOT 5 IN BLOCK 14 IN MCHENRY SHORES, UNIT NO. 1, A SUBDIVISION OF PART OF THE
FRACTIONAL SOUTHWEST% OF SECTION 1, LYING ON THE WESTERLY SIDE OF FOX RIVER; ALSO
PART OF THE SOUTHEAST% OF SECTION 2, ALL IN TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 17, 1954 AS
DOCUMENT NO. 278491, IN BOOK 11 OF PLATS, PAGE 111, IN MCHENRY COUNTY, ILLINOIS.
1