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HomeMy WebLinkAboutOrdinances - ORD-09-1460 - 04/20/2009 - GRANT VARIANCES TWO PRINCIPLE BLDGS AND REDUCE REAORDINANCE NO. ORD-09-1460 AN ORDINANCE GRANTING VARIANCES TO ALLOW TWO PRINCIPAL BUILDINGS ON A ZONING LOT AND A REDUCTION IN REAR YARD SETBACK AT 4225 SIOUX LANE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by US Cellular for a variance to allow multiple principal buildings on a single zoning lot and a variance to reduce the rear yard setback for the property legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROEPRTY" in accordance with the "SITE PLAN" attached hereto and incorporated herein as Exhibit "B", and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 5, 2009, in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested variances; and WHEREAS, the City Council has considered the evidence and recommendation from the Planning and Zoning Commission and finds that the approval of the requested variances 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 is hereby granted a variance to permit two (2) principal buildings on a zoning lot and a variance to reduce the rear yard setback from twenty-five (25) feet to twelve (12) feet in accordance with the SITE PLAN, subject to the fonlowing conditions: 1. The building be heavily landscaped with mid -high growing evergreen trees and bushes, 2. The building be architecturally similar to the existing building on the SUBJECT PROPERTY and overall character of the neighborhood; 3. The additional fencing is similar in height, style and appearance as the existing fence. 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: 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 riot 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 _ 20TH DAY OF APRIL , 2009 AYES: SANTI, GLAB, SCHAEFER, M URGATROYD, WIMMER CONDON NAYS: NONE NONE ABSTAINED: ABSENT: PETERSON NOT VOTING: NONE APPROVED THIS 20TH DAY OF APRIL - , 2009 MAYOR ATTEST: CITY CL RK ,t 1 EXHIBIT A Legal Description of the SUBJECT PROPERTY Ek I h: 4- A PROPOSED LEASE AREA DESCRIPTION: THAT PART OF LOT 46 IN COONEY HEIGHTS THIRD ADDITION TO MCHENRY, P. SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY LOTH, 1955 AS DOCUMENT NUMBER 292379 IN BOOK 12 PLATS, PAGE 23, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 46; THENCE SOUTH 44 DEGREES 25 MII4UTES 32 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 46, A DISTANCE OF 108.79 FEET; THENCE NORTH 50 DEGREES 46 MINUTES 56 SECONDS EAST, 13.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 32 DEGREES 35 MI14UTES 02 SECONDS EAST, 43.61 FEET; THENCE SOUTH 59 DEGREES 51 MINUTES 09 SECONDS EAST, 28.03 FEET; THENCE SOUTH 28 DEGREES 56 MINUTES 04 SECONDS WEST, 50.38 FEET; THENCE NORTH 47 DEGREES 27 MINUTES 34 SECONDS WEST, 31.69 FEET TO THE POINT OF BEGINNING, CONTAINING 1386.60 SQUARE FEET, ALL IN MCHENRY COUNTY, ILLINOIS. PROPOSED ACCESS EASEMENT DESCRIPTION: THAT PART OF LOT 46 IN COONEY HEIGHTS THIRD ADDITION TO MCHENRY, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY LOTH, 1955 AS DOCUMENT NUMBER 292379 IN BOOK 12 PLATS, PAGE 23, DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY MOST CORNER OF SAID LOT 46; THENCE NORTH 46 DEGREES 11 MINUTES 35 SECONDS EAST ALONG THE SOUTHEASTERLY LINE OE' SIOUX LANE SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF SAID LOT 46, 1.9.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 46 DEGREES 11 MINUTES 35 SECONDS EAST ALONG SAID LINE, 12.00 FEET; THENCE SOUTH 43 DEGREES 48 MINUTES 25 SECONDS EAST, 21.04 FEET; THENCE SOUTH 46 DEGREES 11 MINUTES 35 SECONDS WEST, 12.00 FEET; THENCE NORTH 43 DEGREES 48 MINUTES 25 SECONDS WEST, 21.04 FEET TO THE POINT OF BEGINNING, CONTAINING 252.45 SQUARE FEET, ALL IN MCHENRY COUNTY. ILLINOIS. PROPOSED UTILITY EASEMENT DESCRIPTION: THAT PART OF :LOTS 45 AND 46 IN COONEY HEIGHTS `THIRD ADDITION TO MCHENRY, A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY LOTH, 1955 AS DOCUMENT NUMBER 292379 IN BOOK 12 PLATS, PAGE 23, DESCRIBED AS FOLLOWS: BEGINNING AT 'THE WESTERLY MOST CORNER OF SAID :LOT 46; THENCE SOUTH 44 DEGREES 25 MINUTES 32 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 46, A DISTANCE OF 108.79 FEET; THENCE NORTH 50 DEGREES 46 MINUTES 56 SECONDS EAST, 13.41 FEET TO THE WESTERLY MOST CORNER OF HEREON DESCRIBED LEASE AREA; THENCE SOUTH 47 DEGREES 27 MINUTES 34 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LEASE AREA, 31.69 FEET TO THE SOUTHERLY MOST CORNER OF SAID LEASE AREA; THENCE SOUTH 50 DEGREES 55 MINUTES 13 SECONDS WEST, 25.14 FEET; THENCE NORTH 44 DEGREES 25 MINUTES 32 SECONDS WEST, 131.42 FEET; 'THENCE SOUTH 46 DEGREES 11 MINUTES 35 SECONDS WEST, 31.00 FEET TO A POI19T ON THE SOUTHWESTERLY LINE OF THE NORTH 41 FEET OF SAID LOT 45; THENCE NORTH 44 DEGREES 25 MINUTES 32 SECONDS WEST ALONG SAID SOUTHWESTERLY LINE, 8.00 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SIOUX LANE SAID LINE ALSO BEING THE NORTHWESTERLY LINE OF SAID LOT 45, A DISTANCE OF 41.00 FEET TO THE POINT OF BEGINNING, CONTAINING 2093.13 SQUARE FEET, .ALL IN MCHENRY COUNTY, ILLINOIS. 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