HomeMy WebLinkAboutOrdinances - ORD-17-1838 - 09/05/2017 - USE VARIANCE 3615 WAUKEGAN ROADORDINANCE NO.ORD-17-1838
AN ORDINANCE GRANTING A USE VARIANCE FROM ARTICLE IV.
RESIDENTIAL DISTRICTS TO ALLOW A TWO-FAMILY DWELLING AT 3615
WAUKEGAN 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 Kevin J. Schechtel, 810 Old Oak
Circle, Algonquin, IL 60102, requesting a use variance to allow two-family dwelling on the
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 August 16, 2017 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
unanimously recommended approval of the use 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 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: A Use Variance from Article IV. Residential Districts to allow a two-family
dwelling on the SUBJECT PROPERTY is hereby granted.
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: 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 6th day of SEPTEMBER 2017
AYES: CONDON, DEVINE, MIHEVC, SCHAEFER, CURRY, SANTI
NAYS: GLAB
ABSTAINED: NONE
ABSENT: NONE
ATTEST: F�
ynzi Nevitt
Exhibit A
Legal Description for 3615 Waukegan
That part of Lot 2 in Block 1 of the Original Plat of West McHenry, described as follows: Commencing at
a point on the Northeasterly line of Main Street in the City of McHenry at a point 269.70 feet
Northwesterly from the Southwesterly corner of Kent's Addition to the City of McHenry, according to the
Plat thereof recorded in Book 5 of Plats, page 54 thence Northeasterly on a line forming an angle of 91
degrees and 38 minutes to the right with a prolongation of the last described line, for a distance of 115 feet
for a place of beginning; thence Northeasterly on an extension of the last described line, 124.6 feet to a
point on the South line of Waukegan Road in the City of McHenry; thence Southeasterly on the South line
of said Waukegan Road, a distance of 74.25 feet; thence Southwesterly on a line drawn from a point on the
southwesterly line of Waukegan Road, 190.9 feet Northwesterly from the Northwesterly corner of Kent's
Addition aforesaid, to a point on the Northeasterly line of Main Street, 195.45 feet Northwesterly from the
Southwesterly corner of Kent's Addition, a distance of 124.6 feet; thence Northwesterly to the place of
beginning, said Original Plat of West McHenry being a subdivision of part of Sections 26 and 35,
Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded
June 14, 1859 in Book 24 of Deeds, pages 22 and 23, in McHenry County, Illinois.