HomeMy WebLinkAboutOrdinances - ORD-10-1508 - 07/12/2010 - GRANT VARIANCES ACCESS STRUCTURES 500 BALLY RD KALORDINANCE NO. ORD-10-1508
AN ORDINANCE GRANTING VARIANCES FOR THE NUMBER AND TOTAL SQUARE
FOOTAGE PERMITTED FOR ACCESSORY STRUCTRUES FOR THE PROPERTY
LOCATED AT 500 BALLY ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY,
ILLINOIS
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; and
WHEREAS.. a petition has been filed by David and Barbara Kallay for variances for the
number and total square footage permitted for accessory structures 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 March 4, 2010, in the manner prescribed by ordinance and statute; 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 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 l_ That the SUBJECT PROPERTY be granted variances for number of accessory
structures and total square footage permitted for all accessory structures to allow four accessory
structures and 1,621 total square feet for all accessory structures on the subject property.
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 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.
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 12`h DAY OF July, 2010
VOTING AYE: Sant], Schaefer, Blake, Wimmer, Peterson, Condon.
VOTING NAY: Glab
ABSTAINING: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 121h DAY OF July, 2010
AYOR
ATTEST:
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CITY E
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Exhibit A
500 Bally Road
(Legal Description of the Subject Property)
Parcel 1
Part of the south half of the fractional northwest quarter of Section 1, Township 44 north,
Range 8 east of the third principal meridian, lying on the westerly side of the Fox River,
described as follows:
Commencing at the west quarter corner of said Section 1, thence east on the quarter section
line, for a distance of 1,054 feet to a point on the east line of River Street extended south, as
shown by the play of Idyll Dell Subdivision, recorded January 14, 1922, as document no 53615
in Book 4 of Plats., Page 46 thence north at right angles to the last described line; being along
the east line of River Street extended aforesaid, for a distance of 333 feet to a point for a place
of beginning; thence north on a continuation of the last described line, 150 feet to a point;
thence east at right angles to the last described line, a distance of 145 feet to a point; thence
south at right angles to the last described line, 150 feet to an intersection with the north line of
Lot 1 of Idyll Dells Subdivision as aforesaid, thence west along the north line of said lot, 145
feet to the place of beginning (except the south 60 feet thereof); also
The parcel of land lying between the waters edge of the Fox River and the easterly boundary of
the above described tract of land described by beginning at the northeast corner of the above
described tract, thence easterly 15 feet more or less, to the waters edge of the Fox River; thence
southerly along the waters edge of the Fox River to an intersection with the south line of the
above described tract, extended easterly; thence west along the south line of said above
described tract, extended as aforesaid 15 feet more or less, to the southeast corner thereof,
thence north on the east line of said above described tract, 150 feet to the place of beginning
(excepting and reserving from said above described tract, the south 60 feet thereof), in
McHenry County, Illinois.
Parcel 2
Part of the south half of the fractional northwest quarter of Section 1, Township 44 north,
Range 8 east, of the third principal meridian, lying on the westerly bank of the Fox River,
described by beginning at the northwest corner of a certain parcel of land conveyed by Robert I
Barry and Fay Warren Barry, his wife, to Frank Cavallaro and Antoinette, his wife, by Deed
Document No 270644, dated October 5, 1953, and recorded in Book 433 of Deeds, Page 581:
thence east on the: north line thereof, for a distance of 145 feet to a point; thence north at right
angles to the last described line, for a distance of 10 feet; thence west on a line parallel with
the north line of said tract of land conveyed as aforesaid 145 feet; thence south 10 feet to the
place of beginning, also the adjoining parcel of land that lies between the east line of the last
above described 10 foot strip and the waters edge of the Fox River, described by beginning at
the southeast corner of the 10 foot strip above described; thence east on a continuation of the
south line of said parcel of land 15 feet more or less to the waters edge of said Fox River to an
intersection with the north line of said 10 foot strip extended as aforesaid, to the northeasterly
corner of said above described strip, thence south on the easterly line of the above described
parcel 10 feet to the place of beginning in McHenry County, Illinois.
Parcel 3
Part of the southwest fractional quarter of the northwest fractional quarter of Section 1,
Township 44 North, Range 8, east of the third principal meridian. Described as follows:
Commencing at the intersection of the east line of River Street with the north line of Idyll Dell
Subdivision, according to the plat thereof recorded January 14, 1922, as Document No 53615
in Book 4 of Plats, Page 46; thence north on a continuation of the east line of said River Street
for a distance of 160 feet to a point for a place of beginning; thence north on a continuation of
the last described line, 25 feet to a point; thence east at right angles to the last described line
and parallel with the north line of said Idyll Dell Subdivision for a distance of 145 feet; thence
south at right angles to the last described line,25 feet to a point; thence west parallel with the
north line of said Idyll Dell Subdivision, 145 feet to the place of beginning; also beginning at
the southeast corner of the above described tract; thence north along the east line of the above
described tract 25 feet; thence east on a continuation of the north line of the above described
tract 20 feet, more or less, to the waters edge of the Fox River; thence south along the waters
edge of said Fox River to a point of intersection with the south line of the above described tract
extended east; thence west along said line extended 30 feet, more or less, to the place of
beginning, in McHenry County, Illinois