HomeMy WebLinkAboutOrdinances - ORD-11-1530 - 02/21/2011 - GRANT VARIANCES 2002 GREEN ST JOHN SMITHORDINANCE NO.ORD-11-1530
AN ORDINANCE GRANTING VARIANCES FOR THE PROPERTY LOCATED AT
200 S GREEN STREET 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 John J. Smith requesting variances 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 November 18, 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 variances; 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 1: That the SUBJECT PROPERTY be granted the following variances:
1. To allow concrete or paver brick materials to be used for any driveway extension;
2. To allow a maximum of 2,000 square feet for all accessory structures on the subject
property with the condition the existing detached garage is expanded in substantial
conformance with the attached schematic drawing attached hereto and incorporated
herein as Exhibit "B".
SECTI N 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.
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.
SE TI N 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTI(LN 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 21" day of February, 2011
Voting Aye:
Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay:
None.
Not Voting:
None.
Abstaining:
None.
Absent:
None.
MAYOR
ATTEST:
CITY CLERK �'
Exhibit A
Legal Description
200 South Green Street
That part of Section 2, Township 44 North, Range 8, East of the Third Principal Meridian, described as
follows: Commencing at the northwest corner of the northeast quarter of Section 2 and running thence
south 01 degrees 00 minutes 49 seconds west (bearing assumed) on the west line thereof to a point
which is 933.39 feet north of the southwest corner of Government Lot 2 of the northeast quarter of
Section 2, said point being the place of beginning of this description; thence east parallel with the south
line thereof for a distance of 933.39 feet to a point; thence south parallel with the west line thereof for a
distance of 404.81 feet; thence north 88 degrees 59 minutes 12 seconds west, a distance of 273.19 feet;
thence north 01 degrees 00 minutes 48 seconds east, a distance of 152.00 feet; thence north 99 degrees
59 minutes 12 seconds west, a distance of 660.00 feet to the west line of said northeast quarter of
Section 2; thence north 01 degrees 00 minutes 48 seconds east, a distance of 233.33 feet to the point of
beginning, in McHenry County, Illinois; except therefrom any portion thereof which lies westerly of the
center line of a public highway running in a northerly and southerly direction and commonly known as
Barreville Road or Green Street
JOB
SEC Group, Inc.
SHEET NO of
Engineering • Surveying
Planning • Landscape Architecture CALCULATED BY DATE
www.secgroupinc.com
CHECKED BY DATE
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