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HomeMy WebLinkAboutOrdinances - ORD-15-1755 - 09/21/2015 - FENCE VARIANCE DUNKIN DONUTSORDINANCE NO 15-1755 AN ORDINANCE GRANTING A VARIANCE FROM CHAPTER SEVEN ARTICLE XI OF THE CITY OF MCHENRY MUNICIPAL CODE ENTITLED FENCES TO ALLOW A FENCE IN THE REQUIRED CORNER SIDE YARD AT THE SOUTHWEST CORNER OF OAK AVENUE AND FRONT STREET (ILLINOIS ROUTE 31) 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. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: That the property legally described on EXHIBIT "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY" is hereby granted a variance from Sec. 7-145 (a)(2). Standards for fences on non-residentially zoned lots to allow a six-foot solid wooden fence in the required corner side yard with the condition the SUBJECT PROPERTY is developed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit "B". SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED and APPROVED this 21st day of September 2015. Voting Aye: Schaefer, Curry, Condon, Peterson, Wimmer, Santi Voting Nay: Glab Absent: None Not Voting: None Abstaining: None ^U*UL^ / Mayor ATTEST: LJt.C..' CityZler^T PASSED and APPROVED this 21st day of September 2015. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: Schaefer, Curry, Condon, Peterson, Wimmer, Santi Glab None None None Mayor City Clerk EXHIBIT A Lots 11,12, and 13 in Block 2 in Meadow Lane Subdivision, being a subdivision of part of the West K of the Northwest % of Section 35, Township 45 North, Range 8 East of the third Principal Meridian, according to the Plat thereof recorded July 29,1947 as Document No. 203236, in McHenry County, Illinois.