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.
PARENT PARCEL DESCRIPTION:
THE NORTH 41.0 FEET OF LOT 45 AND ALL OF LOTS 46, 47 AND 48 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, IN MCHENRY COUNTY,
ILLINOIS
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