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Home My WebLink AboutOrdinances - ORD-18-1878 - 07/10/2018 - 2226 N. Richmond Road varianceCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1878 An Ordinance granting a variance from Article V. Commercial District, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement for the property located at 2226 N. Richmond Road in the City of McHenry, McHenry County, Illinois Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois July 10, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 10th day of July, 2018. City of McHenry Department of Economic Development McHenry Municipal Center 333 Green Street ® McHenry, Illinois 60050 r McHen Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 18- 1 8 7 8 AN ORDINANCE GRANTING A VARIANCE FROM ARTICLE V. COMMERCIAL DISTRICTS, TABLE 6: COMMERCIAL DISTRICT REQUIREMENTS, TO ALLOW A REDUCTION IN THE REQUIRED FRONT YARD BUILDING SETBACK REQUIREMENT FOR THE PROPERTY LOCATED AT 2226 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 Aldi Inc. 1200 N Kirk Road, Batavia, IL 60510 requirements for 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 May 16, 2018 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 that 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 V. Commercial Districts, Table 6: Commercial District Requirements, to allow a reduction in the required front yard building setback requirement, from 30' to an average of 14' to allow the expansion of an existing retail grocery store and construction of a 2,947 square -foot addition to the existing building. 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 City of McHenry Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 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. - _ - City of McHenry Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 VICHenr ' Fax: (815) 363-2173 www.ci.mchenry.il.us PASSED THIS i' I DAY OF "�u , 2018 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: L,l� h APPROVED THIS DAY OF `�� ti , 2018 CITY CLERK City of McHenry Department of Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property EXHIBIT A LEGAL DESCRIPTION LOT 2 IN RUBLOFF TOWNE CENTRE SUBDIVISION, A SUBDIVISION IN THAT PART OF THE SOURTHEAST % OF SECTION 23, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THRID PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 7, 2001 AS DOCUMENT NUMBER 2001RO13473 AND CERTIFICATE OF CORRECTION RECORDED JULY 30, 2001 AS DOCUMENT NUMBER 2001110053678, IN McHENRY COUNTY, ILLINOIS. TOTAL AREA: 100,312.79 SQ. FT. (2.30 ACRES) PROPERTY COMMONLY KNOWN AS: 2226 N. RICHMOND ROAD, McHENRY, ILLINOIS