HomeMy WebLinkAboutOrdinances - ORD-17-1846 - 11/06/2017 - USE VARIANCE TWO-FAMIY DWELLING 3806 WAUKEGAN ROAORDINANCE NO.ORD-17-1846
AN ORDINANCE GRANTING A USE VARIANCE FROM ARTICLE IV.
RESIDENTIAL DISTRICTS TO ALLOW A TWO-FAMILY DWELLING AT 3806
WAUKEGAN ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, my 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 Casey and Danuta Piskor, 3520 N
Pulaski Road, Apt. #304, Chicago, IL 60641 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 October 18, 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 atwo-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.
E
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 November 2017.
Voting Aye:
Voting Nay:
Abstaining:
Not Voting:
Absent:
ATTEST:
Santi, Devine, Condon, Mihevc, Curry, Schaefer, Glab
None
None
None
None
6
ty dA Lynzi Nevitt
2
EXHIBIT A
Z-916 3806 WAUKEGAN RD.
Lot 9 in E. M. Owen's Estate Addition to West McHenry, a Subdivision of part of the Southwest
of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the
Plat thereof recorded January 31, 1893 as Document Number 9232, in Book 1 of Plats, Page 39,
in McHenry County, Illinois.