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HomeMy WebLinkAboutOrdinances - ORD-08-1448 - 12/01/2008 - GRANT VARIANCE 701 S BROADWAY EMANUEL PILATORDINANCE NO.ORD-8-1448 AN ORDINANCE; GRANTING A VARIANCE TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 22 FEET FOR THE PROPERTY LOCATED AT 701 S. BROADWAY IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Emanuel Pilat requesting a Variance to reduce the rear yard setback from 25 feet to 22 feet for the property located at 701 S. Broadway 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 November 6, 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 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 reduce the rear yard setback from 25 feet to 22 feet for the property located at 701 S. Broadway. 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 and APPROVED THIS V DAY OF December, 2008. AYES: Sami, Glab, Schaefer, Murgatroyd, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None ATTEST: MAYOR Exhibit A Legal Description of the SUBJECT PROPERTY Lot 8 in Block 18 in McHenry Shores Unit No 2, a subdivision of part of the East Half of the Southeast Quarter of Section 31, Township 44 north, Range 8 east of the Third Principal Meridian, according to the plat thereof recorded May 10, 1955 as Document No 292380 in Book 12 of Plats, page 26, in McHenry County, Illinois.