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Home My WebLink AboutOrdinances - ORD-14-1665 - 04/07/2014 - VARIANCES 3712 KANE AVENUEI Community and Economic Development Department 333 S Green Street _ . _ , M McHenry, ^u uv/v/-.v/Economic Development § phone: (815) 363.2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO ORD-14-1665 AN ORDINANCE GRANTING VARIANCES FOR THE PROPERTY LOCATED AT 3712 KANE AVENUE 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 with the City by McHenry High School District 156 requesting Variances on 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 March 20, 2014 in the manner prescribed by ordinance and statute, and 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 is hereby granted the following: • Variance to allow multiple accessory structures/buildings at 3712 W Kane Avenue (hereinafter referred to as the "SUBJECT PROPERTY") including the following: a bathroom/concession building, (4) baseball dugouts, (5) ticket booths, (7) storage buildings, (2) bleachers and press box structures (one on the north side of the field and one proposed to be constructed on the south side of the field which was taken down and removed due to damage sustained as part of the severe wind event which occurred in 2013) and a maintenance building; I Community and Economic Development Department CityofMcHenry ^^"J^T^^ 333 S Green Street rwv,™,,.,:*,, 0^/4 MH • Second Floor-McHenry Municipal Center Community and ^ | McHenry, Illinois 60050I,-n * —^ f ^^H iviwii iv-iii y/ iiiiiiwu ww^wEconomic Development | phone: (815) 363.2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us • Variances to exceed permissible height for accessory structures, for the existing home side bleachers (including press box-located on the north side of the SUBJECT PROPERTY) and new visitor side bleachers (including press box-located on the south side of the SUBJECT PROPERTY); • Variance to allow accessory structures/buildings in the required front yard, limited only to those cuVrrently existing as of January 1, 2014 in addition to those included as- proposed as part of this application and referenced on the plans dated February 26, 2014 prepared by Arcon and consisting of eight pages, specifically page Cl.O of the plan set as they relate to the existing and proposed improvements to the SUBJECT PROPERTY; • Any other Variances required to complete the project in accordance with the conceptual layout and design plans submitted as part of the public hearing application; • Any other Variances required to maintain the existing, previously constructed improvements on the SUBJECT PROPERTY, including but not limited to the bleachers and press box on the north side of the SUBJECT PROPERTY, as well as previously existing accessory building and structures constructed prior to the date of this application as presented by applicant McHenry High School District 156 for the property located at 3712 W. Kane Avenue (McCracken Field) be granted, with the condition the site is developed/redeveloped in substantial conformance with the plans dated February 26, 2014 prepared by Arcon and consisting of eight pages attached hereto and incorporated herein as Exhibit B ("Site Plan") be approved as presented. 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: 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. 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. I Community and Economic Development Department 333 S Green Street Community and J£L • Second Floor-McHenry Municipal Center J m McHenry, Illinois 60050IT-, • *-» * . ^m ivici ici ii y, IMIIIVJIO \jw->\jEconomic Development | phone: (815) 363.217Q Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us 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. I Community and Economic Development Department CityofMcHenry ^^pp^*^^ 333 S Green Street Community and ..2?.- • Second Floor-McHenry Municipal Center T- • T> i •^~ • McHenry, Illinois 60050Economic Development | phone: (815) 363.217Q Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us PASSED THIS 7TH DAY OF APRIL, 2014 AYES: Santi, Glab, Schaefer, Blake, Wimmer, and Peterson NAYS: None ABSTAINED: Condon ABSENT: None NOT VOTING: None APPROVED THIS 7TH DAY OF APRIL, 2014 MAYOR ATTEST: (ITY CLERK \' v J I Community and Economic Development Department 333 S Green Street Community and .^3. • Second Floor-McHenry Municipal CenterCommunity and - S.2- • oecona i-ioor-ivicnenry Municipal center c • r» i *"^^ I McHenry, Illinois 60050Economic Deyeiopment | Phone: (815) 363-2170Phone: (815) 363-2170 Fax: (815) 363-2173 ced@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property DOC CIR CT 35064 LTS 14 THRU 36 INCL ANDERSONS ADDN AOV). N SITE PLAN' J 1" - M'-O'1050 tooth MET nod. nltc«lombud. IlUnoti COMpt ej04P5-190DVISITORBLEACHERREPLACEMENTI7tt w. KM* AW.BOARD of EDUCATION a!v.^ILEGENDMCHS McCRACKEN FIELD VISITOR'S BLEACHERSMcHENRY, ILLINOISSITE EXPANSION PLANSDEMOLITION PLANINDEX OF SHEETScasino AWKMD iwhMur TOKREHcvED-tieoiF/ I/ It,,,,,..' ' • » " « ' —exsamQRAsjKADTKWALLTOBCRCHWED-tlOOLF ~\ L_\ I \- "BumftuifrnxfI *, , ,1x \ 1 I— - N 1 1 |flMM^ \ ,L"*"** TMI1 /Hl_ /J F/MWC^BUILDING~«IW««W BOUAHD-7^ "KANE AVE.>, CWtWiOVERALL SITE PLANJ. Condon &Associates,Inc.MCHSDISTRICT156MCHENFtY,ILLINOISJECMCHSMcCRACKENFIELD VISITORSBLEACHERSMcHENRY,ILLINOIS