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HomeMy WebLinkAboutOrdinances - ORD-10-1507 - 06/28/2010 - GRANT VARIANCE 3318 VENICE GOLNIKORDINANCE NO. ORD-10-1507 AN ORDINANCE GRANTING A BUILDING SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 3317 VENICE AVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILL,INOIS WHEREAS. a petition has been filed by Jason and Amy Golnik for a one -foot building side yard setback variance 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 June 17, 2010, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested 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 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; and WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION l: That the SUBJECT PROPERTY be granted a one -foot building side yard setback variance on the west side of the property. 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: 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. 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. 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 28'' DAY OF June, 2010 VOTING AYE: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon VOTING NAY: None ABSTAINING: None ABSENT: None NOT VOTING: None MAYOR ATTEST: CIT� CL C Exhibit A (Legal Description of the Subject Property) Part of the Southeast fractional quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, also being a part of Lot 28 of the County Clerk's Plat of said Section, described as follows: Commencing at the most southerly corner of Block 25 of the Original Plat of McHenry, on the westerly side of Fox River, according to the Plat thereof recorded July 6, 1840 in Book 8 of Deeds, page 160; thence southwesterly on a line which is a continuation of the easterly line of said Block 25, a distance of 25 feet; thence easterly on a line parallel with the southerly line of Block 26 of the Original Plat of McHenry, a distance of 108.59 feet to an iron stake for a place of beginning: thence easterly on a continuation of the last described line, 55 feet to art iron stake; thence southerly on a line parallel with the westerly line of Riverside Drive (extended southerly) 157 feet to an iron stake; thence westerly parallel with the southerly line of said Block 26, a distance of 55 feet to an iron stake; thence northerly in a straight line 157 feet of the place of beginning; also a parcel of land lying southerly from and adjoining the above -described tract of land described as follows: beginning at the most westerly corner of said above -described tract; thence southeasterly along the southerly line thereof, 35 feet; thence southerly on a continuation of the easterly line of said above -described tract, 12 feet, more or less, to the water's edge of the dredged channel; thence westerly along the water's edge of said dredged channel to an intersection with the westerly line of said above -described property extended southerly thence northerly 17 feet, more or less, to the place of beginning, in McHenry County, Illinois.