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HomeMy WebLinkAboutOrdinances - ORD-15-1718 - 04/06/2015 - USE VARIANCE NW CORNER PRAIRIE ST AND BALLY RDORDINANCE ORD-15-1718 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A STORAGE GARAGE AS A PRINCIPAL USE IN A RESIDENTIAL ZONING DISTRICT AND A FOUR-FOOT FRONT YARD BUILDING SETBACK VARIANCE FOR THE AFOREMENTIONED PRINCIPAL BUILDING FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF PRAIRIE STREET AND BALLY ROAD 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 Mike Lovergine, 502 Bally Road McHenry, IL 60050 ("Applicant and Owner") requesting a use variance to allow a storage garage as a principal use in a residential zoning district and a four-foot front yard building setback variance for the aforementioned principal building for the property located at the northeast corner of Prairie Street and Bally Road ("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 March 18, 2015 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of the 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 a storage garage/building as a principal use in a residential zoning district conditioned on the following: • Approximately 256 square-foot existing accessory structure immediately adjacent to principal building to the north must be removed, addition to the principal structure must be completed and all exterior items/materials located on the entire 4 acre subject property must be removed prior to commencement of the construction of the third building, (21' X 18'), as depicted on the site plan attached hereto and incorporated herein as Exhibit B (the "Site Plan); • There shall be no business conducted on the subject property and the buildings on the subject property cannot be utilized for anything other than storage of items owned by the applicant; • Proposed third structure (21' X 18') must be located a minimum of 10 feet from principal structure (42' X 52') as well as existing (16' X 20') accessory structure to west of principal structure as depicted on Exhibit B; • Proposed third structure must be located outside of the required front and corner side yards and in conformance with all other City ordinances, rules and regulations; • Third structure must be in substantial conformance with the appearance of principal structure including: siding color, roof line/pitch, height and mass; • A paved driveway must be installed to third structure concurrently with construction of third structure and in conformance with all City ordinances, rules and regulations. 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: The SUBJECT PROPERTY is hereby granted a four-foot front yard building setback Variance for the aforementioned principal building (storage garage) and as depicted on Exhibit B. SECTION 4: 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. 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. SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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 7: 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 6th day of April 2015 AYES: Condon, Peterson, Wimmer, Blake, Schaefer, Glab, Santi NAYS: None ABSTAINED: None ABSENT: None t ^—/^ NOT VOTING: None ^ t / / MAYOR ATTEST: CLERK (j Exhibit A Legal Description of Subject Property Exhibit B Site Plan