HomeMy WebLinkAboutOrdinances - ORD-16-1809 - 09/19/2016 - VARIANCE TO SETBACK REQUIREMENTS 1503 N RICHMOND RORDINANCE NO ORD-16-1809
AN ORDINANCE GRANTING A VARIANCE FROM ARTICLE IV. RESIDENTIAL
DISTRICTS, TABLE 4: RESIDENTIAL DISTRICT REQUIREMENTS TO ALLOW A
1.28-FOOT REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACK
FOR THE PROPERTY LOCATED AT 1503 N RICHMOND 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 Pat Wirtz, 1503 N Richmond
Road, McHenry, IL 60050 ("APPLICANT") requesting a Variance 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 August 24, 2016 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 Variance; and
WHEREAS, the City Council has considered the evidence and recommendations from
the Planning and Zoning Commission and finds 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 is hereby granted a Variance from Article
IV. Residential Districts, Table 4: Residential District Requirements, to allow a 1.28-foot
reduction in the required side yard building setback to allow the expansion of an existing home
including a 260-square foot addition in substantial conformance with the floor plan and elevation
submitted as part of the application packet attached hereto and incorporated herein as Exhibit B
("SITE PLAN").
SECTION 2: 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 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 AND APPROVED THIS 19th-DAY OF SEPTEMBER 2016.
Voting Aye:
Voting Nay:
Not Voting:
Abstain:
Absent:
ATTEST:
CONDON, PETERSON, WIMMER, CURRY, SCAHEFER, GLAB, SANTI
NONE
ONE
ONE
ONE
,
Mayor
Exhibit A
Legal Description of the Subject Property
Lot 7 in Block 6 in Lake View Addition to McHenry, a subdivision of part of the Southwest
Quarter of Fractional Section 26, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded November 25, 1922, as Document No.
57101, in Book 4 of Plats, page 74, in McHenry County, Illinois.
CX� I3�T3,
�tat of tixrvey
JONN ]E![N[ING9
Rf i£Rlll LAND SI IILFYOR
tin l: t,
SIS HALF STREFT
M AR En GO. ILLINUIS "M
RM 34 mf
Alp I
asr!
TII krr
{
OF
��✓ �rf a- ��'h
IMF 41
fy,P.
16o.c � L
Gra
22 if f4.e2 1e.2 A 4
v
V j `,oqs Ile SfI rr
[
_'' v
1 Mi �4r
�.I --
to
t.
�} 1 � ``�
CLAN p
Li�1S'fIY1Q ��Te:
J
5
Scale: [ in. 1: cyuaix 2t' icr•f.
llistnnnze are Shnl:rl iu (rrr rsrd drrlwal trams [6rrt•nf
Choked
Gvmpare all point., belure building, atsa check Legal
Description Ioith Vred:
order No.
AYE-
4
h
, )1A acres
7, 6011.'; JF,:`; \ J,\'{;ti rs" 7t7iurr. f:r� � r.d [:an.7
�rt:a'trm do ftev. Lr; trtfrru [fret
destrtHrd p,.;•r:hj �:na s!;.a fhr p!a[ 1��« :•rr <1%dIl•: �..-
c'11nrt'f rrin•.,n'edrr[un rj srd.larnrq
I
�111rtrru!,•n, Rllsui� rlei-ti'
jL+nYis:i + '011ITyrd fly
Ito 2 rC/ tr,,,.p �,Iurils., .rn,t lilt.,
vpya JEkF'� r. '
imp
1
ill
I
LIM
0
ff.,
I