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HomeMy WebLinkAboutOrdinances - ORD-08-1428 - 06/16/2008 - ZONING MAP AMENDMENT 1632 N RIVERSIDE DRORDINANCE NO.ORD-08-1428 An Ordinance Providing for Zoning Map Ansenrbnent upon Annexation to the City and granting a setback variance for the property loomed at 1632 N Riverside Drive (Nancy Porstner) WHEREAS, a petition has been filed by Nancy Porstner, owner of the property located at 1632 North Riverside Drive, requesting a zoning map amendment to RS4 High Density Single -Family Residential District, for the property legally described on Exhibit A, attached hereto and incorporated herein, the SUBJECT PROPERTY, upon annexation to the City of McHenry; and WHEREAS, a petition has also been filed by the applicant seeking variance to allow a reduction in the required side yard to allow the existing structures on the SUBJECT PROPERTY; and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on May 15, 2008, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did unanimously 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 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 zoning map amendment to RS4 High 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 the property and 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 variance to allow the side yard setbacks of the existing structures on the premises as of the date of approval of this ordinance in accordance with the plat of survey attached hereto and incorporated herein as Exhibit B. 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(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 cant' on, therein, not to the person, 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 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 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 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: That if any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 6: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7_ That this ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and Approved this 16'b day of June, 2008. Voting Aye: Sand, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon. Voting Nay: None Not Voting: None Absent: None Abstain: None APPROVED: E. Low, Mayor ATTEST: .C_e_C. n e.d/ JM. Jones, ity Jerk Exhibit "A" Legal Description of the SUBJECT PROPERTY LOT 3 IN E.B. CROOK'S SUBDIVISION, A SUBDIVISION OF PART OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4, 1909 AS DOCUMENT NO.13792, IN BOOK 3 OF PLATS, PAGE 28, IN MCHENRY COUNTY, ILLINOIS PLAT OF nN_NEXATION LOT 2 IN E.B. CROOK'S SUBDIVISION, A SUBDI NORTH, RANGE 8 EAST OF THE THIRD PRIN THEREOF RECORDED SEPTEMBER 4, 1909 A PLATS, PAGE 28, IN MCHENRY COUNTY, ILLINOI 6000'� h FOUND IRON PIPE -FENCE = 1.25' S.W.LY S S VISION OF PART OF SECTION 26, TOWNSHIP 45 C/PAL MERIDIAN, ACCORDING TO THE PLAT DOCUMENT NUMBER 13792 IN BOOK 3 OF FENCE = 1.06' SW.LY .FRAME = 5.65' S.WLY FENCE= 0.58' SNW.LY i cuau£ = 5.68 S.W.LY FENCE = 0.57' SW.1 FENCE = 0A FENCE _ FOR BULLOINO UTNES AND EASEMENTS. REFER TO ABSTRACT OF TITLE FOR POSSIBLE ADDRIOWLL EASEMENTS, COVENANI5, RESTRICTIONS OR OTHER ENCUMBRANCE UPON SUBJECT PROPERTY. REPFR TO VAIAGE. CITY OR COUNTY CODES FOR FRONT. SIDE AND/OR REAR BULONG SETBACK RESTRICTIONS THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. ORDERED NMCY PQRSTNER ORDER NO- 080702 R. L S I AND SURyEYORs 405 MENGE ROAD MARENGO, IL 60152 (815) 943-5490 Co WeYou eeaerWon arM aft marring, wnh this UWEE - 4.24' SW.LY = 0.40' SW.LY / 1 7 FOUND IRON ROD NCE 0.4� 5�./// Y/ FOUND IRON PIPE FENCE - 0.05' S.W.LY a 9' FRAME — 0.36' N.ELY EXP& 11-30a 6' N.E:L SCANL• 1.0 30' 0 - FOUND IRON PRE OR ROD 0-SET IRON ROD— . DIMENSIONS OR ANGLES ARE NOT TO BE ASSUMED FROM SCMJNGL FIELD DATE: JULY 10.2008 DATE: JULY 14, 200B STATE OF ILLiNOL% 99 COUNTY OF MCHENRY Trr r r r.nV, Ora -+ sew =rw,.e Me .r... erb wwNrt r S.OBNdd Racy w rredl/ r Irrb=M � / . a�ey RBUR voana�or AT ONCE report any dMOO MISO whkh You -MY XW- ' � '