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Home My WebLink AboutOrdinances - ORD-14-1694 - 11/03/2014 - VARIANCE 915 CENTER STREETDepartment of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 . . . ^— Phone: (815) 363-2170McHenry www.ci.mchenry.il.us ORDINANCE NO. ORD-14-1694 AN ORDINANCE GRANTING A VARIANCE FROM ARTICLE IV. RESIDENTIAL DISTRICTS, TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS, TO ALLOW A FIVE-FOOT REDUCTION IN THE REQUIRED CORNER SIDE YARD BUILDING SETBACK REQUIREMENT TO ALLOW THE EXPANSION OF AN EXISTING ATTACHED GARAGE (22' X 30') IN SUBSTANTIAL CONFORMANCE WITH THE SITE PLAN SUBMITTED FOR THE PROPERTY LOCATED AT 915 CENTER 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 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 Michael and Maureen O'Halleran, 915 Center Street, McHenry, IL 60050 requesting a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a five-foot reduction in the required corner side yard building setback requirement to allow the expansion of an existing attached garage (22' X 30') in substantial conformance with the site plan for the property located at 915 Center Street 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 October 22, 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 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; That the SUBJECT PROPERTY be granted a Variance from Article IV. Residential Districts, Table 4: Residential District Requirements, to allow a five-foot reduction in the required corner side yard building setback requirement to allow the expansion of an Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us existing attached garage (22' X 30') in substantial conformance with the site plan attached hereto and incorporated herein as Exhibit "B" (the "Site Plan"). 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. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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 3rd DAY OF November, 2014 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 3rd DAY OF November, 2014 ATTEST: MAYOR G(TY CLERK / ', i ( McHenr Department of Community & Economic Development 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) I'AKT <>K LOT I -IN BLOCK 12 OK THE ORIGINAL OK 1'LAT OF WEST MCHENRY, DESCKI HEt) AS FOt.'t.OHS: BEGINNING A I1 THE SOUTHEAST CORNEK OK KAt.U LOT I; THENCE NORTHWESTERLY ALONGJ 141.2'J KEET; THENCE NORTHEASTERLY: OK SAID LOT I, 128.0 FEET; THENCE SOUTH 7.INK, OF JOHN STREET, 122.78 F.J3ET OT THE WEST LINE OF CENTER °KTKEKT; THENCE SOUTH ALONG' SA,flO WEST LINE, 129.2 FEET TO- THE PLACE OK BEOINNINC, BEING SITUATED MCHENRY COUNTY, .ILLINOIS. THE NORTH LINE OF JAMES STREET, PARALLEL WITH'THE WESTERLY LINE SOUTHEASTERLY PARALLEL WITH THE IN JHE CITY OK. MCHENRY, McHei Department of Community & Economic Development 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) J ' n PLAT . Ok SURVEYi SCALE I Inch equals 30 feet PART nr LOT 1-IB BLOCK 12 OF THK ORIGINAL OK VLAT OF WEST MCIIENRY. I>BSI:RIBI-:I) AS FOLLOWS: MKUINIUNC.AT THE SOUTHEAST CORNER OK SAID LOT I; THENCE NORTHWESTERLY AI.OBGl THE NORTH LINK OF JAMES STREET, 111.21 FKF.T; THENCE BOBTHEASTERI.Y.I PARALLEL WITH-THE VKSTEHLY LINE Of SAID LOT I. 128.6 FEET; THENCE SOUTH I.INK OK JOIIK STREET, 122.78 "STJEKT: THESCIS SOUTH ALOUD SAID « PLACE OF'BEGINNING, BEING SITUATED MI'IIENRT I'.OUNTY, ILLINOIS. SOUTHEASTERLY PARALLEL V1TH THE E^EET OT THE WEST LINE OK CENTER iST LIKE, 129.2 FEET TO- TUB IN JHE CITY OK. MCHEHRY, Compare abstract, title find local ordinances for il easements and building restrict ions, til points -before building by same and at rep irt any difference. No underground improvements have bei»n located State of Illinois ) 'tounly of Mcllenry ) ' ITTobert J. Conu«y. do heffby trerl i fy 'th;it, uiirf*r my ' direrti*n, I liavc r.iusL-d tlic- above di'Ri-rihcd property lo be surveyed ,-ind thaL tltc pint hereorj draw}-in a t'KKPAKKn KOk: Trui-kfnHrod & Ct>wHn ftttorncys ut Law P.O. HOK 26? HcHenry, Illinois PUKPAKKI) BY: Cuiiway Surve'yJH?." .1119 W. Elm Street McHt-nry, Illinois Survey No. 09-35-104-OIO / REOISTCKO • I i tAiro ! I ! \R • / i ^.."£5^/ . i """" w '""* 910 Center Street, McHenry, Illinois.