HomeMy WebLinkAboutOrdinances - ORD-08-1424 - 06/02/2008 - GRANT ZONING MAP AMENDMENT AND VARIANCE JAKE NEULIORDINANCE NO. ORD-08-1424
AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND A VARIANCE
FOR LOT WIDTH ALONG AN ARTERIAL ROADWAY FOR TWO HOMES FOR
APPROXIMATELY 0.5 ACRES LOCATED ON THE EAST SIDE OF RINGWOOD
ROAD (LOTS 11-17) OF THE WESTSHORE BEACH SUBDIVISION
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed by Jake Neulist, hereinafter referred to as the
"OWNER," requesting a Zoning Map Amendment to RS-3, Medium -High Density Single -
Family Residential and a Variance for lot width along an arterial roadway for two homes 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 April 3, 2008, 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 Zoning Map Amendment and Variance
was (5-0); 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 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 1: That the SUBJECT PROPERTY shall be granted a Zoning Map
Amendment to RS-3, Medium -High Density Single -Family Residential.
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:
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 shall be granted a Variance to reduce the
front yard lot width along an arterial roadway for two homes located on the east side of
Ringwood Road (Lots 11-17) of the Westshore Beach Subdivision subject to the condition that
a shared driveway is utilized by both homes and only one curb cut is permitted onto Ringwood
Road.
SECTION -4: 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 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.
S. 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.
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 and APPROVED THIS 2nd DAY OF June, 2008
AYES: Santi, Glab, Schaefer, Murgatroyd, Condon
NAYS: Peterson
ABSTAINED: None
ABSENT: Wimmer
NOT VOTING: None
YOR
ATTEST:
CITY CL
Exhibit A
LEGAL DESCRIPTION
of the SUBJECT PROPERTY
Lots l I-17, in Block 9 in Westshore Beach McCullom Lake, a subdivision of part of the
southeast quarter of section 21, Township 45 north, range 8 east of the third principal meridian,
in McHenry County, Illinois