HomeMy WebLinkAboutOrdinances - ORD-11-1565 - 11/21/2011 - VARIANCES 4510 LAKEWOODORDINANCE NO. ORD-11-1565
AN ORDINANCE GRANTING VARIANCES FOR THE PROPERTY LOCATED AT
4510 LAKEWOOD ROAD IN THE CITY OF NICHENRV, 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 Steve and Janet Rutherford requesting four
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 10, 2011, 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 variances I-rorn height,
square footage, side yard building setback and use of materials and colors consistent with
principal structure, for accessory structures exceeding 500 square feet to the conditions listed:
I . Garage is constructed in substantial conformance with attached rendering and
architectural drawings attached hereto and incorporated herein as Exhibit "B".
2. Existing garage is completely demolished and debris removed no later than January 2 1,
2012.
3. Existing principal residence shall match building materials and color(s) of proposed
garage if renovated in the future.
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 of 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 ofthe 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 21 IT DAY OF NOVEMBER, 2011
AYFS: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED: None
ABSENT: None
Nur VOTING: None
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MAYOR
ATTEST:
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CITY
Exhibit A
(Legal Description of the Subject Property)
Parcel 1: Lot 14 of Lakewood Subdivision, a Subdivision of part of the southwest quarter of
the southeast quarter of Section 22, Township 45 North, Range 8 east of the third principal
meridian, according to the plat thereof recorded July 12, 1920 as Document No. 48171 in
book 4 of Plats, Page 17, in McHenry County, Illinois. Also
Parcel 2: That part of the southwest quarter of the southeast quarter of Section 22, Township
45 North, Range 8 East of the third principal meridian, described as follows: Commencing at
the most southerly corner of Lot 18 in Lakewood Subdivision, according to the plat thereof
recorded July 12, 1920 as Document No 48171 in Book 4 of Plats, Page 17, and running
thence southeasterly being on a continuation of the southwesterly line of said lot 18, a
distance of 20.1 feet; thence north 34 degrees 58 minutes east along the southeasterly
boundary of the platted "Driveway" a distance of 138.67 feet; thence north 52 degrees 26
minutes east along the southeasterly boundary of the platted "Driveway" a distance of 44.9
feet to a point for a place of beginning; thence south 45 degrees, 42 minutes east 101.0 feet;
thence north, 52 degrees 26 minutes east, 44.2 feet; thence north, 42 degrees 52 minutes
west. 100.47 feet; thence south 52 degrees, 26 minutes west, 49.05 feet to the place of
beginning in McHenry County, Illinois, Also
Parcel 3: That part of the southwest quarter of the southeast quarter of Section 2:2, Township
45 North, Range 8 East of the third principal meridian, described as follows: Commencing at
the most southerly corner of Lot 18 in Lakewood Subdivision. according to the Plat thereof
recorded July 12, 1920 as Document No 48171 in Book 4 of Plats. page 17 and running
thence southeasterly being on a continuation of the southwesterly line of said Lot 18, a
distance of 20.1 feet; thence North 34 degrees 58 minutes east along the southeasterly
boundary of the platted "Driveway" a distance of 138.67 feet, thence north 52 degrees 26
minutes east along the southeasterly boundary of the platted "Driveway" a distance of 93.95
feet to a point for a place of beginning, thence south 42 degrees 52 minutes east 100.47 feet
thence north 52 degrees 26 minutes east 12 feet; thence north 42 degrees 52 minutes west
100 feet, more or less, thence south 52 degrees 26 minutes west 12 feet to the place of
beginning, in McHenry County, Illinois; also
Parcel 4: That part of the southeast quarter of Section 22, Township 45 North, Range 8 east
of the third principal meridian, described as follows: Commencing at a point which is south 71
degrees 12 minutes west, 395.0 feet from a point which is south 20 degrees, 31 minutes east
325.0 feet from a point in the southerly line of Lot 4 in Lakewood Subdivision, according to the
Plat thereof recorded July 12, 1920 as Document No 48171 in Book 4 of Plats, Page 17 (Said
point being equi-distant from the southeasterly and southwesterly corners of said Lot 4) and
running from this place to beginning south 71 degrees, 12 minutes west 141.8 feet, more or
less, to a point which is north 71 degrees east 25.0 feet from the most easterly corner of lands
conveyed by F.T. Colby to Florence C. Olson and Clarence N. Olson, by warranty deed dated
May 15, 1945� thence north 37 degrees, 57 minutes west 283.8 feet, more or less, to the most
northerly corner of said lands; thence north 52 degrees, 26 minutes east 133.0 feet: thence
south 37 degrees, 28 minutes east 16.2 feet; thence north 83 degrees, 06 minutes east 111 2
feet and thence south 18 degrees, 42 minutes east, 272.38 feet, more or less, to the place of
beginning, in McHenry County, Illinois.
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