HomeMy WebLinkAboutOrdinances - ORD-14-1678 - 07/21/2014 - VARIANCE FOR DETACHED GARAGE 4807 HOME AVENUEDepartment 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
www.ci.mchenry.il.us
ORDINANCE NO. ORD-14-1678
AN ORDINANCE GRANTING VARIANCE FROM CHAPTER X. ACCESSORY USES, YARDS AND FENCES TO
ALLOW A DETACHED GARAGE IN A REQUIRED FRONT YARD AND A VARIANCE FROM SECTION T-5.3
RESIDENTIAL DRIVEWAYS AND PARKING LOTS IN THE SUBDIVISION CONTROL AND DEVELOPMENT
ORDINANCE TO ALLOW A SECOND DRIVEWAY IN SUBSTANTIAL CONFORMANCE WITH THE SITE
PLAN SUBMITTED FOR THE PROPERTY LOCATED AT 4807 HOME 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 by John Farrell/Mojo Renovations Inc. 8 Austin Avenue,
Carpentersville, IL 60110 for a Variance from Chapter X. Accessory Uses, Yards and Fences to allow a
detached garage in a required front yard and a Variance from Section T-5.3 Residential Driveways and
Parking Lots in the Subdivision Control and Development Ordinance to allow a second driveway in
substantial conformance with the site plan for the property located at 4807 Home Avenue 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 June 19, 2014, in the manner prescribed by ordinance and statute; 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 a Variance from Chapter X. Accessory
Uses, Yards and Fences to allow a detached garage in a required front yard and a Variance from
Section T-5.3 Residential Driveways and Parking Lots in the Subdivision Control and Development
Ordinance to allow a second driveway in substantial conformance with the site plan attached hereto
as Exhibit B.
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
www.ci.mchenry.il.us
SECTION 2: In granting said Variance from Chapter X. Accessory Uses, Yards and Fences 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.
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
www.ci.mchenry.il.us
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 21ST DAY OF July, 2014
AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: None
ABSTAINED:
ABSENT:
NOT VOTING:
None
None
None
APPROVED THIS 21st DAY OF July, 2014.
ATTEST:MAYOR
\Cs . CL
City Clerk
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
www.ci.mchenry.il.us
Exhibit A
(Legal Description of the Subject Property)
LEGAL DESCRIPTION: LOT 4 IN BLOCK 2O INI
LAKELAND-PARK UNIT NO. 2, A SUBDIVISION OF
PART OF THE NORTHWEST QUARTER AND,PART OF
THE SOUTHWEST QUARTER OF SECTION 27,
TOWNSHIP 45 NORTH, RANGE & EA6T OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED DECEMBER ! 2, I 952
AS DOCUMENT NO. 26O03O, IN BOOK I I OF
PLATS, PAGE GG, 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) 363-2173
www.ci.mchenry.il.us
Exhibit B
(Site Plan)
PLAT OF SURVEY
FND
LEGAL DESCRIPTION: LOT 4 IN BLOCX 20 IN
LAIsELAND'FARK UNIT NO. 2, A SUBDIVISION OF
PART OF THE NORTHWEST QUARTER AND FART OF
THE SOUTHWEST QUARTER OF SECTION 27,
TOWNSHIP 45 NORTH, RANGE & EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT THEREOF RECORDED DECEMBER 12, I 952
AS DOCUMENT NO. 260030, IN BOOK. I I OF
PLATS, PAGE GG, IN MCHENRY COUNTY, ILLINOIS.
STATE OP ILLINOIS
COUNTY OF MCMENRY
I HEREBY CERTIFY THAT rn£ ABOVE DESCRIBED PROPERTY HAS BEEN SURVEYED, UNDER Mv SUPERVISION
ACCORDING TO THE OFFICIAL RECORD AND THAT THI5 ABOVC FLAT CORRCCTLY REPRESENTS 3AIO SURVEY ALL
DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF.
I FURTHER CERTIFY THAT UNLESS OTHERWISE SHOWN, THE BUILDINGS ON THE PARCEL AR,: WITHIN PROPERTY UNE5
AND THE ADJOINING V&1DLE IMPROVEMENTS DO NOT ENCROACH ON THE ACOVE DESCRIDeD PROPERTY.
I FURTHER CERTIFY 1 HAT^nE PROFESSIONAL SERVICE CONFORMS TO THE CUfiKENT
ILLINOIS MINIMUW_3T^50^:CG FOR A K/UMDARY 5UEiVEf.
*~< MY LICENSE EXPIRES: I I -30-2OI 4
D 3LIRVZTOR NO. 33-2 I 43
COMPARE THE DESCRIPTION Or TMC PLAT WITH DEED. RFFCR TO TrTLS POLICY FOR ITC.MS OF RECORD NOT SHOWN
ABOVE UNLESS OTHERWISE NOTED. NOTED UTILITIES WITHIN EASEMENTS ARE NOT 5HOUW HES2ON. UNDERGROUND
UTILITieS INCLUDING HUT NOT LIMrTF.D TO CONDUITS AND CASLES CF A.'JVJ HAVE NOT BEEN SHOWN MEREON
VOID W/THOU1 KM5CD .•-.•CW. OR RED 3TAVIP.
FND 1/2"
REDAR
2.4 I' SOUTH i
0.8 I1 WEST OF
PROPERTY CORNER
£0'
LEGEND LUCO CONSTRUCTION CO.
PROFESSIONAL DESIGN FIRM NO. 1.54.004629
CLIENT NAME;
RUUD * LESLIE
CLIENT REftRENCE:
MOJO RENOVATIONS
FIELD WORK
COMPLETED:
SURVEY
COMPUTED:
54 LOU STREET
CRYSTAL LAKE. IL. £OOI 4
01 5-52G-3S74
8l5-52S-39ai PJ«
PROJECT NO.
4-33 ! SQ