HomeMy WebLinkAboutOrdinances - ORD-18-1879 - 07/10/2018 - 1706 Beach RoadCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER ORD-18-1879
An Ordinance granting variances to exceed the maximum permissible setback and
maximum cumulative square footage for all accessory structures/buildings for the
property located at 1706 Beach 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 McI3enry, McHenry County, Illinois this loth day of July, 2018.
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
ORDINANCE NO 18-1
AN ORDINANCE GRANTING VARIANCES TO EXCEED THE MAXIMUM PERMISSIBLE SETBACK
AND MAXIMUM CUMULATIVE SQUARE FOOTAGE FOR ALL ACCESSORY
STRUCTURES/BUILDINGS FOR THE PROPERTY LOCATED AT 1706 BEACH 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 John Koch, 1706 Beach Road,
McHenry, IL 60050 requesting Variances from Table 19: Permitted Obstructions of Required
Yards and Table 20: Standards for Accessory Structures 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 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 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 PROPERTY is hereby granted Variances from Table 19:
Permitted Obstructions of Required Yards and Table 20: Standards for Accessory Structures to
allow an increase in the square footage requirement by 238 square feet for accessory
structures and buildings and to allow the construction of a proposed garage in the required side
yard in accordance with the plans submitted as part of the public hearing application.
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:
7
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
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.
0
- City of McHenry
Department of Economic Development
McHenry Municipal Center
-_ - 333 Green Street
McHenry, Illinois 60050
r Phone: (815) 363-2170
lMt nt Fax: (815) 363-2173
www.ci.mchenry.il.us
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 /6' DAY OF 0w 2018
AYES: C':It-r!hA Sn n4 C�\a )A J r Cti\(kk 2J`�Cr\0�i�d��ulcafh0.y
�— ol00CA o
NAYS:
ABSTAINED: ��.%
ABSENT:
NOT VOTING:
APPROVED THIS ) (��� DAY OF
MAYOR
ATTEST:
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
10
EXHIBIT A
LEGAL DESCRIPTION
LOTS 19 AND 20 IN BLOCK 14 IN LAKELAND PARK UNIT NO. 2, A SUBDIVISION OF PART OF THE
NORTHWEST QUARTER AND PART OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP
45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 12 1952 AS DOCUMENT NO.260030, IN BOOK 11 OF PLATS,
PAGE 66, IN MCHENRY COUNTY, ILLINOIS.
COMMONLY KNOWN AS: 1706 N. BEACH ROAD, MCHENRY, IL 60050 09-27-151-006