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HomeMy WebLinkAboutOrdinances - ORD-12-1594 - 07/16/2012 - TEMP USE VARIANCE TO ALLOW S/F RES AT 1309 N GREENORDINANCE NO. ORD-12-1594 AN ORDINANCE GRANTING A TEMPORARY USE VARIANCE TO ALLOW A SINGLE-FAMILY RESIDENCE AT 1309 N 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 VIT, 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 with the City by Anthony and Michelle Buckun, requesting a temporary use variance to allow a single-family residence on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein, and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on June 21, 2012 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a temporary use variance; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission; however, the City Council finds that the approval of the requested use 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: The SUBJECT PROPERTY is hereby granted a Temporary Use Variance, for a three-year time period, to allow a single-family residence on the SUBJECT PROPERTY, subject to the following conditions: I . The three-year time period will begin if and when the City Council formally approves the request; 2. The applicant must apply for a deck permit prior to use of the subject property as a single-family residence; and 3. Applicant must seek a sign variance from the City Council to keep an existing off - premise sign. SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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 16fil day of July, 2012. AYES: Santi, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: Glab ABSTAINED: None ABSENT: None NOT VOTING: None ATTEST: CITY t Exhibit A Legal Description of the SUBJECT PROPERTY THAT PART OF LOTS 1 AND 4 IN BLOCK 22 OF THE VILLAGE OF MCHENRY, ON THE WEST SIDE OF THE FOX RIVER, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK B OF DEEDS, PAGE 160, BOUNDED AND DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING AT A POINT ON THE WESTERLY LINE OF GREEN STREET, 62.5 FEET SOUTHWESTERLY, (MEASURED ALONG SAID WESTERLY LINE, FROM THE MOST EASTERLY CORNER OF SAID LOT 1; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID 1, 92 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE SAID WESTERLY LINE OF GREEN STREET, 10 FEET; THENCE WESTERLY PARALLEL WITH THE SAID NORTHERLY LINE OF LOT 1, 8 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE SAID WESTERLY LINE OF GREEN STREET, 50.6 FEET; THENCE SOUTHEASTERLY 100 FEET TO A POINT ON THE WESTERLY LINE OF GREEN STREET 60.6 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF GREEN STREET TO THE POINT OF BEGINNING, SAID LOTS BEING LOCATED IN AND A PART OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.