HomeMy WebLinkAboutOrdinances - ORD-07-1397 - 11/05/2007 - GRANT VARIANCE FOR REAR YARD COVERAGEORDINANCE NO. ORD-07-1397
AN ORDINANCE GRANTING A VARIANCE TO INCREASE THE AMOUNT OF
ALLOWABLE REAR YARD COVERAGE FROM 35% TO 65% FOR THE PROPERTY
LOCATED AT 3606 JOHN STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Jason Golnik requesting a Variance to
increase the amount of allowable rear yard coverage from 35% to 65% for the property located at 3606
John Street 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 14, 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 Variance was 7-0; 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 1: That the SUBJECT PROPERTY shall be granted a Variance to increase the amount
of allowable rear yard coverage from 35% to 65% for the property located at 3606 John Street.
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(s) 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.
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 5TH
DAY OF
NOVEMBER
52007
AYES: SANTI,
GLAB,
SCHAEFER,
MURGATROYD, WIMMER, PETERSON, CONDON
NONE
NAYS:
ABSTAINED:
NONE
NONE
ABSENT:
NOT VOTING:
NONE
APPROVED THIS 5 T H
ATTEST:
DAY OF N O V EM B E R , 2007
MAYOR
2
b ! f A
(gE CHICAGO TITLE INSURANCE COMPANY
ORDER NUMBER: 1409 002828743 UA
STREETADDRESS: 3606 JOHN STREET
CITY: MCHENRY COUNTY: MCHENRY
TAXNUMBER: 09-35-129-012-0000
PARCEL 1: THE WEST HALF OF LOT 8 IN BLOCK 8 IN THE VILALGE OF WEST MCHENRY
ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 24 OF DEEDS, ON PAGE 23, THE
DIVISION OF SAID LOT BEING SO THAT THE WEST 1/2 IS 112 FEET ON THE NORTH SIDE
AND 132 FEET ON THE SOUTH SIDE, FRONTING ON JOHN STREET, SAID BLOCK BEING
LOCATED IN AND BEING A PART OF THE NORTHWEST QUARTER OF SECTION 35 TOWNSHIP 45
NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THEREFROM THE
FOLLOWING DESCRIBED LAND: THAT PARCEL OF LAND IN LOT 8 OF BLOCK 8 OF THE VILLAGE
OF WEST MCHENRY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF A
TRACT OF LAND CONVEYED BY LINSDAY TO THENNES BY WARRANTY DEED RECORDED IN BOOK
279 OF DEEDS, PAGE 174); THENCE SOUTHWESTERLY ALONG THE WESTERLY SIDE OF THE
PROPERTY CONVEYED BY LINDSAY TO THENNES FOR A DISTANCE OF 34 FEET; THENCE
NORTHWESTERLY ON A LINE PARALELL WITH THE SOUTHERLY LINE OF LOT 1, BLOCK 8 OF
THE PLAT OF THE VILLAGE OF WEST MCHENRY, A DISTANCE OF 12 FEET TO A POINT;
THENCE NORTHEASTERLY, A DISTANCE OF 33 FEET, MORE OR LESS, TOTHE SOUTHERLY LINE
OF LOT 1, BLOCK 8 OF THE VILLAGE OF WEST MCHERNY, TO A POINT WHICH IS 6 FEET
NORTHWESTERLY OF THE NORTHWESTERLY CORNER OF PEROPERTY CONVEYED BY LINDSAY TO
TEHNNES AS ABOVE MENTIONED; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF LOT
1 BLOCK 8 OF THE VILLAGE OF WEST MCHENRY 6 FEET TO THE PLACE OF BEGINNING (ALSO
EXCEPTING PART OF THE NORTHWEST QUARTER OF SECTION 35 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THE TRACT OF LAND CONVEYED BY LINDSAY
TO THENNES, BY WARRANTY DEED RECORDED IN BOOK 279 OF DEEDS, PAGE 174, AND
RUNNING THENCE SOUTHWESTERLY ALONG THE WESTERLY SIDE OF THE PROPERTY CONVEYED BY
LINDSAY TO THENNES; A DISTANCE OF 34 FEET FOR A PLACE OF BEGINNING; THENCE
SOUTHWESTERLY ON A CONTINUATION OF THE ABOVE DESCRIBED LINE, FOR A DISTANCE OF
2 FEET; THENCE NORTHWESTERLY ON A LINE TO A POINT WHICH IS 2 FEET SOUTHWESTERLY
OF THE WESTERLY CORNER OF PROPERTY CONVEYED BY FERWERDA, ETAL TO THENNES
RECORDED AS DOCUMENT NUMBER 201922; THENCE NORTHEASTERLY TO THE MOST WESTERLY
CORNER OF LANDS CONVEYED BY FERWRDA TO TEHNNNES; THENCE EAST TO THE PLACE OF
BEGINNING IN TOWNSHIP 45 NORHT, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
MCHENRY COUNTY, ILLINOIS.
PARCEL 2: PART OF THE EAST HALF OF LOT 8 IN BLOCK 8 IN THE VILLAGE OF WEST
MCHENRY, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 14, 1859 IN BOOK 24 OF
DEEDS, PAGES 22 AND 23, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY
CORNER OF THE EAST HALF OF SAID LOT 8 AND RUNNING THENCE NORTHERLY, ALONG THE
WEST LINE OF SAID EAST HALF 68.3 FEET TO THE SOUTHWESTERLY CORNER OF A CERTAIN
TRACT OF LAND CONVEYED BY LINDSAY TO THENNES BY WARRANTY DEED RECORDED IN BOOK
279 OF DEEDS, PAGE 174; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND SO
CONVEYED FOR A DISTANCE OF 8.0 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE 67.55
FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS.
LW'w D5O 09/m/m
03-082-2474