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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. 2 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: � CIT CL RK t; OR 9 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. 4