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HomeMy WebLinkAboutOrdinances - ORD-11-1538 - 06/06/2011 - GRANT VARIANCE 4220 SOUTH ST PRICEORDINANCE NO. ORD-11- 1538 AN ORDINANCE GRANTING A FRONT YARD BUILDING SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 4220 SOUTH 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 Bryan and Megan Price for a variance to the required front yard building setback requirement 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 May 19, 2011, 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 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. 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 a five-foot front yard building setback variance to allow the construction of a garage addition. 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. 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 AND APPROVED THIS 6TH DAY OF JUNE , 2011 AYES: SANTI, GLAB, SCHAEFER, BLAKE, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE ATTEST: CIT CL RK 'Yt4yl I AYOR Exhibit A (Legal Description of the Subject Property) I,ot 28 in first Addition to Cooney Heights, a subdivision of part of the north half of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded March 2, 1953 as Document No 262629, in Book 1 1 of' Plats, page 71, in McHenry County, Illinois.