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HomeMy WebLinkAboutOrdinances - ORD-08-1415 - 02/11/2008 - GRANT FRONT YARD SETBACK VARIANCE AND LANDSCAPE VAORDINANCE NO.ORD-08-1415 AN ORDINANCE GRANTING A FRONT YARD SETBACK VARIANCE, A VARIANCE TO THE LANDSCAPING REQUIREMENTS, AND A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AT 1615 SCHROEDER LANE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Chicago Title Land Trust Company, Successor Trustee of Bank of Ravenswood Trust No. 257995, Carl Przyboroski and Zielke Associates Limited Partnership, beneficiaries of said trust, requesting a front yard setback Variance from 40-feet to 30-feet, a Variance to be exempt from the landscaping requirements and a Conditional Use Permit to allow outdoor storage for the property 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 January 17, 2008 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval (6-0 vote) of the requested Variances and Conditional Use Permit; 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 and Conditional Use Permit 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 be granted a Variance to reduce the front yard setback from 40-feet to 30-feet to allow the continued use of the existing building and a Variance to be exempt from the landscaping requirements, provided that two (2) deciduous trees are planted along the south wall of the existing building on the SUBJECT PROPERTY. 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(s) 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. SECTON 3: That the SUBJECT PROPERTY be granted a Conditional Use Permit to allow the outdoor storage of business -related materials. SECTION 4: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: The requested use will not adversely impact traffic not otherwise typical for permitted uses in the zoning district, The requested use will not create an environmental nuisance with any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air not otherwise typically of permitted uses in the zoning district; The requested use will fit harmoniously with the existing natural or man-made character of the surrounding area; 4. The requested use will not require community facilities or services not otherwise typical for permitted uses in the zoning district; The requested use will not be detrimental to the safety or health of the employees, patrons or visitors associated with the use, nor the general public in the vicinity; and 6. The requested use is in harmony with all other elements of compatibility pertinent to the conditional use and its particular location. 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. 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 I Ph DAY OF February_, 2008 AYES: Santi, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon_ NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 11`' DAY OF February, 2008 YOR ATTEST: CITY C E Exhibit A Legal Description of the SUBJECT PROPERTY Lot 5 in Hi -Point 31, being a subdivision of part of the North Half of the Southeast Quarter of Section 10, Township 44 North, Range 8 East of the Third Principal Meridian according to the plat thereof recorded July 25, 1969 as Document No. 513184, in McHenry County, Illinois.