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Home My WebLink AboutOrdinances - ORD-16-1769 - 02/18/2016 - VARIANCE D-156 PRESS BOXMall r•/_1►10101111►1915 ffW1341 AN ORDINANCE GRANTING VARIANCES FROM ARTICLE X. ACCESSORY USES, YARDS AND FENCES TO ALLOW MORE THAN TWO ACCESSORY STRUCTURES/BUILDINGS; TO EXCEED MAXIMUM PERMISSIBLE HEIGHT FOR ACCESSORY STRUCTURES/BUILDINGS AS WELL AS MAXIMUM CUMULATIVE SQUARE FOOTAGE FOR ALL ACCESSORY STRUCTURES/BUILDINGS FOR THE PROPERTY LOCATED AT 4724 W CRYSTAL LAKE 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 McHenry Community High School District 156, 4716 W Crystal Lake Road, McHenry, IL 60050 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 December 16, 2015 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 PROEPRTY is hereby granted the following: • Variance to allow eight (8) accessory structures/buildings at 4724 Crystal Lake Road (hereinafter referred to as the "SUBJECT PROPERTY") including: two softball dugouts; two mobile classroom trailers; a maintenance garage, a storage shed powered by solar photovoltaic panels; and two press boxes/storage structures in accordance with the site plan attached hereto and incorporate herein as Exhibit B (Site Plan). • A four -foot three-inch Variance from maximum permissible height for accessory structures, for the two press boxes/storage structures currently under construction. Maximum permissible height for the two press boxes/storage structures, adjacent to the softball field at the north end of the site and adjacent to a soccer field, shall not exceed 22' in height. • Variance to exceed the maximum cumulative square footage for all accessory structures/buildings, 1,000 square feet, on the SUBJECT PROPERTY. • All the aforementioned Variances are approved with the condition: all City rules, regulations and ordinances including but not limited to stormwater, zoning, subdivision control and development and municipal code shall be complied with as deemed applicable and enforceable 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. 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. PASSED THIS 18 DAY OF JANUARY 2016 VOTING AYE: CONDON, PETERSON, WIMMER, CURRY, SCHAEFER, GLAB, SANTI VOTING NAY: NONE NOT VOTING: NONE ABSTAINING: NONE ABSENT: NONE J16�� 6 L4 MAYOR ATTEST: EXHIBIT A That part of the West Half of Section 34, Township 45 North, Range 8 East of the 3rd P.M., described as follows, to wit: Commencing at the point of intersection with Cline East and Went Quarter line of said Section 34 and the center line of Crystal Lake Road; thence North 3'3 degrees 37 minutes East along the Center line of said Road, 639.95 feet more or less to a point South 33 degrees, 37 minutes West, 195.89 feet Distant from a point of curvature., said Curve having a radius of 2,864_93 feet; thence North 37 degrees 53 minutes 07 seconds West, 691.39 feet to a point on a curved line convex Southeasterly, having a radius of 380 feet; thence Southwesterly alongthe aforementioned curve for an arc distance of 25.0 feet; thence South 35 degrees, 56 minutes, 37 seconds East, Radial to the last described curve, 120.0 feet to a point on a curved line convex Southerly having a radius of 500.0 feet; thence Westerly along the aforementioned curve for an arc distance. of 552.63 feet to a point of tangency; thence North 62 degrees, 37 minutes East, tangent with the last described curve, for a distance of 395.0 feet to a point of curvature; thence Westerly along a curved line convex Northerly, having a radius of 141.0 feet for an arc distance of 60.01 feet to a point; thence North 2 degrees 59 minutes 52 seconds East, radial to the last described curve, 120.0 feet to a point on a curved line convex Northerly, having a radius'of 261.0 feet; thence Westerly along the last described curve for an arc distance of 80.0'feet; thence South 14 degrees, 33 minutds.51 seconds East, radial to the last described curve for a distance of 120.0 feet -to a point on. a curved line convex Northerly, having a radius of 141.0 feet; thence Westerly along the aforementioned curve for an are distance of 72.93 feet to a point of tangency; thence South 45 degrees, 48 minutes West, 512.3 feet; thence South 30 degrees 18 minutes 36 seconds East, 262.47 feet; thence South 59 degrees, 25.minutes 11 seconds East, 210.4 .feet, to a point on a curved line convex Easterly, having a radius of.479.02 feet; thence Southerly along the aforementioned curve for an arc distance of 293.53 feet, to an point of tangency; thence South 20 degrees 24 minutes West, tangent with the last described curve 213_0 feet to a point of curvature; thence Southerly along a curved line convex Westerly, having a radius of 478.0 feet for an arc distance of 272.09 feet;' thence North 77 degrees 47 minutes 10 seconds East, 175.0 feet; thence South 74 degrees, 59 minutes 25 seconds East, 525.82 feet; -thence South 18 degrees 28 minutes East, 30.0 feet; thence North;71 degrees-32 minutes East, 64.75 feet, to a point of curvature; thence Northeasterly along a curved line convex Southeasterly, having a radius of 210_.0 feet, for an arc distance of 138.97-feet to a point of tangency; thence South 56 degrees 23 minutes East, 86.0 feet to the center line of Crystal Lake Road; thence North 33. degrees 37. minutes East, 521.24 feet more or less to the place of beginning in McHenry County, Illinois. 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