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Home My WebLink AboutOrdinances - ORD-13-1639 - 08/19/2013 - USE VARIANCE TO ALLOW CONSTRUCTION OF THREE 8-UNITDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1639 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW CONSTRUCTION OF THREE EIGHT - UNIT APARTMENT BUILDINGS AND VARIANCE TO ALLOW MULTIPLE PRINCIPAL BUILDINGS ON ONE ZONING LOT AT THE SOUTHEAST CORNER OF RIDGE ROAD AND ILLINOIS ROUTE 120 IN THE CITY OF MICHENRY, 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 with the City by Transitional Living Services, Inc. requesting a use variance and variance 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 July 25, 2013 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 use variance and variance; 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 use variance and 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 use variance to allow construction of (three) eight -unit apartment buildings and variance to allow multiple principal buildings on one zoning lot with the conditions the property is developed in substantial conformance with the site plan prepared by Eriksson Engineering Associates, LTD. dated June 26, 2013, as well as the building elevations and floor plans prepared by DDCA architects dated June 20, 2013 collectively (the "Site Plan") attached hereto and incorporated herein as Exhibit B and, unless this ordinance is amended by the City Council, following a public hearing before the Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Planning and Zoning Commission, any and all dwellings on the SUBJECT PROPERTY shall be utilized as housing units, for military veterans and their families only, in perpetuity. 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: In granting said Variance, the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 1. 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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. Department of Community& Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 19th th day of August, 2013 AYES: Santi, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: Glab ABSTAINED: None ABSENT: None NOTVOTING: None MAYOR ATTEST: — lxnn'\C� C "�Onz&j CITY C K) 0 Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property The West 420.00 feet of the North 625.00 feet of the West Half of the Northeast Quarter of Section 30, Township 45 North, Range 8 East of the Third Principal Meridian; excepting therefrom all that part thereof lying within the following described parcel: that part of the West Half of the Northeast Quarter of said Section 30, described as follows: Commencing at the Northwest comer of said Northeast Quarter of Section 30 for the place of beginning of this description; thence Southerly along the West line of said Northeast Quarter, a distance of 100.00 feet to a point; thence Easterly along a line fonning an angle of 90 degrees, 00 minutes, 00 seconds to the left with the last described line extended, a distance of 3 0. 00 feet to a point; thence Northeasterly along a line forming an angle of 53 degrees, 55 minutes, 40 seconds to the left, with the last described line extended, a distance of 50.13 feet to a point; thence easterly along a line forming an angle of 53 degrees, 25 minutes, 40 seconds to the right, with the last described line extended, a distance of 300.00 feet to a point; thence Northeasterly along a line forming an angle of 16 degrees, 42 minutes, 00 seconds to the left, with the last described line extended, a distance of 104.40 feet to a point; thence Northerly along a line forming an angle of 73 degrees, 18 minutes, 00 seconds to the left, with the last described line extended, a distance of 30 feet, more or less, to a point in the North line of the Northeast Quarter of Section 30 aforesaid; thence Westerly along said North line, a distance of 459.00 feet to the place of beginning, in McHenry County, Illinois. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-23-73 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit B Site Plan 417itch'a) �7) W009 11 �..Hafl T, towts W13 Im Meg �Iw 9 SNIVH313A S-11 w a z 1 Id 111 1 oil 1001 H11 --- I ------------------ L- Fol,817-AtIA) ,P_,v.,4,8rr 8 (3) fN &>Val&FB�q) w CL z CL CV4/617- TS �57) X=�Nli L / 81T64) z 0 z 0 LU LL 7- .761 1 (7) PLAT OF SURVEY fire Wast 420.W fast of the North 61 best of the West Half of Me NorMeost line eatervind. . dled.,,ni of %13 fact to . Z;Int; Mem. Earstady rion, . )he Q.I.eter of Section 30, T ... sho � North, R.... 5 East of Me Tried! PMnd,.l foriving an angle of 53 degrees 25 mhutes :;oonds to the right With the lost MeddTon; cappI tivareftarn di that thereof 1�.g Within Me fdl.a�, described $he �Iadad. a distance of 300.00 N to 0 Point, than. N.��—tuy �.rt deacked reet; that art of the Was Half of th, Northeast Warier of sold clorg a 11. f..T., an mr,1. 0 16 de,em; 42 mutes 00 records to the left, Sadion 3D. described as folown, Commencing at the Northwest comer of said wTth Me lost dearr[Wenal Ike extended, a distance of 1044() feet to a point thence North ast Qumlar of Section M far the Place of 3ninving of ffiT3 denarlption, Northerfy 0., . he. forrrIng a. chill. of 73 degrees 18 mri.te, W -and. to Mal Southerly alori the West Ins of sold Neharat Mader. . d1steno. of Me 19% w1th Me last deNiMbod the �torded, a d1shance of WW feet, mom or Hbo. 00 Met to a poin : thence Costely along a line lorm" an woo of 90 lava. to 0 point In Me North lhe of the Northeast Quarter of Sectlan � aforesel degrees 00 ramt.. 00 e.nde to the let With to ls.t dessurf,acl Pro adended, theace Washey Wall, sold NArM line, . distance of 459.00 fee to the Piece of a disunce or 3o.yi feet to a point thence Northeasterly alon,� a line formIng an of 53 degrees 55 nnTvr�a, N spand. to the let With last deac-lbsn! 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