HomeMy WebLinkAboutOrdinances - ORD-11-1576 - 12/19/2011 - SETBACK 3324 GOLFVIEWORDINANCE NO. ORD-1 1-1576
AN ORDINANCE GRANTING A FRONT YARD BUILDING SETBACK VARIANCE
FOR THE PROPERTYLOCATED AT 3324 W GOLF VIEW ROAD IN THE CITY OF
MCHENRY, NICHENRY 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
WHI- REAS, a petition has been filed by Win. I onyan and Sons for a variance to the
required front yard building setback requirement for the property legally described on "Exhibit
A". attached hereto and incorporated lierein� the "SUBJECT PROPERTY": and
WHI- REAS, a public hearing on said petition was held before the Planning, and Zoning
Commission on December 8, 2011, in the mariner prescribed by ordinance and statute; and
WHEREAS, the City Council has considered the evidence and recommendation 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, THEREFORF, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: The SUBJECT PROPERTY is hereby granted a 15-foot front yard
building setback variance to allow the construction of' a 15' X 27' addition to the existing
attached garage in accordance with the attached site plan attached hereto and incorporated
herein as Exhibit B.
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 generall or recurrent
a nature as to make it reasonably practical to provide a general iregulation 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 tena-nt
or any other party with interest in the property.
3. The special circumstances that are the basis for the variance have riot 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 THIS i9 — DAY OF — DEPEMBER —' 2011
AYES: SANTI.GLAB,SCHAEFER.BLAKE.WIMMER.PETERSON.CONDON
NAYS: NONE
ABSTAINED: ON F
ABSENT: xaN-E
NOT VOTING: NONE
APPROVED THIS 19TIl DAY OF DECEMBER .2011
MAYOR
ATTEST:
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Exhibit A
(Legal Description of the Subject Property)
Lot I in McHenry Golf Course Subdivision, a part of the Northeast Ouarter os See 35,
Township 45 North, Range 8 East of the third principal meridian, in McHenry County, Illinois
Exhibit B
Site Plan Depicting 15' X 27' Addition to the Existing Attached Garage
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