HomeMy WebLinkAboutOrdinances - ORD-07-1391 - 09/10/2007 - GRANT ZONING AND VARIANCE BROOKE ESTATESORDINANCE NO. ORD-07-1391
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND
VARIANCE FOR THE BROOKE ESTATES SUBDIVISION
LOCATED ON THE EAST SIDE OF RIDGE ROAD,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Andreas and Deborah Szechowycz, hereinafter referred
to as the "OWNER", requesting a Zoning Map Amendment to RS-1 Low Density Single -Family
Residential District and a setback variance to allow the continued use of an existing single family home
and detached garage 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 July 19, 2007, 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 Amendment and 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 Zoning Map Amendment
and Variance 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 l: That the SUBJECT PROPERTY be granted a Zoning Map Amendment to RS-1
Low Density Single -Family Residential District.
SECTION 2: In granting said Zoning Map Amendment, the City Council finds that the
requirements of Table 33 of the Zoning Ordinance have been met in that:
1. The requested zoning classification is compatible with the existing uses and zoning of
property in the environs;
2. The requested zoning classification is supported by the trend of development in the
general area;
3. The requested zoning classification is consistent with the objectives of the City of
McHenry Comprehensive Plan; and
4. The requested classification promotes the public interest.
SECTION 3: That the SUBJECT PROPERTY be granted a setback variance to allow the
continued use of the existing single family home and detached garage on the SUBJECT PROPERTY,
provided, however, that said home and garage shall be removed in their entirety no later than ten (10)
years from the date of this ordinance.
SECTION 4: 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 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 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. 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 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.
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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 10TH DAY OF SEPTEMBER , 2007
AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
NAYS: NONE
NONE
ABSTAINED:
ABSENT:
NOT VOTING:
NONE
NONE
APPROVED THIS 10 T H DAY OF S E PT EM B E R , 2007
ATTEST:
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Exhibit A
Legal Description of the SUBJECT PROPERTY
That part of Section 31, Township 45 North, Range 8 East of the Third Principal Meridian described as
follows: Beginning at a point of the West line of the Northeast Quarter of said Section 31, said point
being 1313.87 feet North of the Southwest corner thereof, thence South on said West line a distance of
553.37 feet to a point; thence East at right angles to the last described line, at the last described point, a
distance of 504.66 feet to a point; thence North for a distance of 56 1. 10 feet to a point, said point being
504.72 feet to the Place of Beginning, Also that part of Ridge Road lying West of and adjacent to the
previously described parcel, in McHenry County, Illinois.
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