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Home My WebLink AboutOrdinances - ORD-18-1892 - 09/10/2018 - Variance 1503 Ramble RoadCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-18-1892 An Ordinance granting a Variance to allow a Six -Foot Protrusion into the Corner Side Yard for the Property located at 1503 Ramble 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 September 10, 2018 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this lOth day of September, 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- i ` 13L AN ORDINANCE GRANTING A VARIANCE TO ALLOW A SIX-FOOT PROTRUSION INTO THE CORNER SIDE YARD FOR THE PROPERTY LOCATED AT 1503 RAMBLE 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 Patricia Bockhorst, 1503 Ramble Road, McHenry, IL 60050 requesting a Variance to allow a six-foot protrusion into the corner side yard 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 15, 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 Table 4: Residential District Requirements to allow a six-foot protrusion into the corner side yard to allow the construction of a proposed garage addition in accordance with the plans submitted as part of the public hearing application. 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 19 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 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 bylaw. PASSED THIS DAY OF , 2018 E� 1Vit11 it�l ll� r AYES: Corr NAYS: 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 Crone Yt/ t41derlr%Ctvl R►-Q%mar\ �tC1, ABSTAINED: ABSENT: NOT VOTING: APPROVED THIS � /, �� DAY OF ATTEST: CITY CLERK 2018 0 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 LOT 10 IN BLOCK 6 IN LAKELAND SHORES UNIT 2, BEING A SUBDIVISION OF PART OF LOT "A" IN LAKELAND SHORES UNIT 1, BEING A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLATTHEREOF RECORDED NOVEMBER 21, 1957 AS DOCUMENT NO.331763, IN MCHENRY COUNTY, ILLINOIS. PARCEL AREA 12774 SQ. FEET PIN: 09-27-402-010 COMMONLY KNOWN AS: 1503 RAMBLE ROAD, MCHENRY, IL t a x4c FORMA PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry Fite Number :Z - 7 -51- 333 South Green Street n McHenry, IL 60050 n Tel; (815) 363-2170 n Fax: (815) 363-2173 Name of Applicant A r Ia Bzck-ko - Tel 0.5 367 03��9 Address : ! Ll ( Fax 2. Name of Property Owner Tel (If other than Applicant) Address Fax 3. Name of Engineer 1101 c Ya, e -c Tel (If represented ` Fax Address ((�� t�` 4. Name of Attorney Tel (If represented) Address Fax 5. Common Address or Location of Property�}� 6. RequestedAction(s) (clreck all that apply) Zoning Map Amendment (Rezoning) Conditional Use Perinit Zoning Variance Zoning Variance - Minor _ Zoning Text Amendment _ Other Provide a brief description of the Requested Action(s). For example, the operation that requires a Conditional Use Permit, the specific Zoning Variance needed, or the ne-%v zoning classification that is requested: % U j W-1 -41 f-63_ a _P 4Y 7. Current Use of Property 8. Current Zoning Classification of Property, Including Variances or Conditional Uses Elsa - 1' 9? IV 9. Current Zoning Classification and Land Use of Adjoining Properties North: South: East. West: 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. I. Application Fee (amount) $ 2. Narrative Description of Request 3. FORM A —Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5. FORM C-- Conditional Use Application 6. FORM D— Zoning Variance Application 7. FORM E — Use Variance Application 8. Proof of Ownership and/or Written Consent from Property Owner in the Fonn of an Affidavit 9. Plat of Survey with Legal Description 10. List of Owners of all Adjoining Properties 11. Public Hearing Notice �12. Sign (Provided by the City, to be posted by the Applicant) 13. Site Plan 14. Landscape PIan 15, Architectural Rendering of Building Elevations 16. Performance Standards Certification 17. Traffic Analysis 18. School Impact Analysis FORM A Page 2 of 3 Disclosure of Interest The party signing the application shall be considered the Applicant The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the Rill name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application, Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the coiporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the frill name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application, 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Prim Name and Designation of Applicant(s) ' 7 91" f � FORM A Page 4 of 3 F RM D File Number Z V -1?3 Cl ZONING VARIANCE Planning and Zoning Commission City of McHenry 333 South Green Street a McHenry, IL 60050 o Tel: (915) 363-2170 a Fax: (& 15) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are articular 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 pract' al to provide a general regulation to cover them. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks- to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. FORM D Paget of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. Unnecessary Hardship ' The strict application of the provisions of the Zoning ordinance would result in unnecessary and undue liardshi u on the a licant as distin wished from a mere inconvenience p p pp14 j ! f Gv i ise r c-IJ a 5. Preserves Rights Conferred by District 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 sttrict. fJ" l�` �, tH � 7�!✓t I �' (J.� r/ ��t �i f' �' G..� t �{ fit �-� 0, 6_ Necessary for Use of Property 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 a variance the applicant will be deprived of any reasonable use or enjoyment f the prop rty. V\ FORM D Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, prope values, or public safety or welfare in the vicinity. �-� 4 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will he in harmony with the general purpose and intent of the Zoning Ordinance and Comprehene Plan of the City, as viewed in light of any changes conditions since their adoption. siv ru 11 -+�' •W �" "" It 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment FORM D Page 3 of 3 1 a a J p; k g a l $E j at�o� �7�wv�r �� tsva•-�.n cFag ��5� N00'i5'14'SY 37 Rec, c's8s�9�Y /(� \ifsi� b o,SilI 'o—� I UE I ______- - Pa Ell Inn <� _ � a I � [�s3 i1 — r��Tu t1 K�om 4n , 7r � -� . •sc zz- m ale Rz ^ pp 7 y /N 0'S3'50"tY 80,i Rec. / a t �3 f _u, ggggg� 3 g € ut �e dak 'z9a FFF2� Z_ DWNEE1i: GRADING PLAN 0 5 14 20 40 LEGAL DESCRIPTION: SCALE 1`=20'--0' LOT 16 91 MOCK 6 R1 LAKELAlV SHORES UW 2, BRIG A WMNIMN OF PART OF � LEGEND LOT A' 14 t tiaRM MORES W 1, Wn A SUBD&Wl OF PART OF SECi1O11 27, EXISTING PROPOSED T0%M? 45 WITH, MW 8 EAST CF THE T-M M-DFAL IdMN41, ACMWL ; TO THE PLAT THEREOF RECORDED 1 INBER 21, 1957 AS DOCU11E11F 110. 331763, Ci 105.-- _ CUPODRS 109 �. uCKErw cmay, 12W. INNII AS. 15W BAUBLE RD FLQN DiRECTiA"1 i TOTAL AREA OF DISTUR3ANCE = 6,000 SF TOTAL NEt4 IMPERVIOUS = 575 SF v Er1s. . LOT 9 T/ F:{75Rses,35 ]sset1SY•,5'' UTILIT\\EAJ4 f' (>,z i0Y >:♦..Eti7�,t5 } _ E j 3� 'Y:193t� vL,St ITT 10- � LIT'f EA.SEtrEFlT � i t,51•tt4 �O ]] II a;51g7. .lilsca C1JJ10UT 26,69' pm LPL 10 ` r_riD ,Y�Eel 1y]yl�?YP3 � a3sl� SPLIT LEVEL LOT 11aUt1DERDRA}tl .]s FRAME (nRESIDENCn : o E WOOD i503 ( �]}( :1 n •Ess e, DECY. n } Ex4t Res, CONC. STOOP( j ] 15, R2XS22VAGTSCRHME ; iI ,;? }� >t5t�5?Ry+ Q STEP O SILT � b1,.st: O 3 J r CU,F > 7/fir755.00+/- bspiratt .t04 ;2,V PROP, CO.0 > F%R 756.00+/-- i drive `� ] 1 s 0/Slab. 75 ,�4'=1ig1 f ,4�E'a. pnp 1J 9,stt �e5 "ZEDS 39' •:.� °' »s.. S 7S4 1535. 5°3'- 5 A x ti5 \ 1 N 75�j xlsz+= \ • Eo• Dki+E 753eE] ,,:s , // , s'R U•da,52 # 3a1 osphbtt Os`' / 12. rEve ,�y?t\\ T 1 `�E3 �,� 9]s / r Pf tmp� 9- of Prtra� ,. �;ss-saw x �]y 1 t2's� ,��53 REF SITE BSI.: TOP E�1.� : ,]ts ,.Yssys• ?ss'y erpp 3Fse .C, yy515x� j' of F. 0ev. 752.75 (11AVD �• _�� tss's z3 .yst' t ,,s� J s STORM MANHOLE RIM., 751.48 Jyd • r fi`� , 753— — S.1TE PEA N0TES,e _ 1. SOi EROMH C(g1TROL MEASURES SHALL HE 14 A COROANCE to THE 'PROCEaG2E5 A4D STkS1ViDS 2. 7 SITFEFE10, ARWM D ALL AREAS TO T OSRA D B' �iSTRUCWi PRIOR TO ix)u1tAX�hG c' Ri1H EXCAVATA4. NSTALL SMELL' FENONG ARWID ALL OPEN EXaVAW4S LEFT DHATTFh`DFD. 'st..a 3. NO S`OE SLOPE SFVdL EXCEED 4.1. 4. SILT FEtXE SHALL COVPiY ;4TM AASHTO M288-00 SPECIFICATAis. 5. ALL DISTURBED AREAS SHALL BE STASRJZED VKH EITHER TOPSOIL, SEED AND fat MIJ / ^� CAYIROL BLANKET (PROPERLY SECURED) AND/OR TOPSOIL MO SOD, THE SITE NEEDS / TO BE FULLY RESTORED 4r1THIN 7 DAYS OF 99PLET10tf OF CONSTRUCTION AND A FULL STAND OF GRASS SHOULD BE ESTABLISHED 15T HN 28 DAYS FROM SOD/SEED PLACEVENT. / 6. LOT Is NOT LoCATED III DAPPED FEmA FLOODPLAtFI. 1 yu.L�F Joint U611ty <� A Locating �y�>Api information for a00 rl$Hp``,.` GENERAL DESI IS 8ASE0 UPOtb ° 2 Excaro[ars �. F e, (1) THE FIELD CO,��riti0,4S AS THEY t RE RY THE DAY T8E FTOA DATA M OBTAV�D. "• .p?+ 2 DATA FUR Vilm BY THE 08T�R, WF-RAL CO;; WTM OR TF�L]I2 REPRESLTHATR'E 1,(' 0&2- 3 9'' 2 COtUWOR SHALL {70W ALL MN COUP&;K% 4% HAVE ALL EXiSii.4G UJIM FS STAKED PRWR TO CALL JULIE �� CMTRUCWL I IST ip- 3. THE CON{RACTOR MALL YEREY ALL E)USTM FIELD CAeIM1S PRIOR TO LIMM,'G AN( oyISiRU TAL 48 hours before you dig OFFS ; 4. ALL DISTALLATIOHS SHALL C ITM TO THE A°PRCL'f54TE REGULATOR( A'i 1CY RE013.40!ETiiS 5. FAWRE TO NOTIFY THE ENMIEER OF D REPAICES SHALL VOtO TITS DEWL (E>:4,i'rg Sct.. 5st. k li.•.'3:rs} '' c•E OF ER 6. NO ASSWPTi@4S MALL BE WADE B( SCA1W FIN TFGS DRARfi1C.. bl H THE FOLLOWING: 7. PLAN 13 BASED UPON SURYLY $f OTHERS. CHY-Tahju1P +hlrlrf„ltE - SEC, k 1/4 SEC. 1101 PiRES 11-30-2019 ' DATE DESCRIPT04 1-800-892-0123 DRAVTI ETY; T,S., CHECKED BY: T.S. DATE 07-08-18 PAGE 1 QF 2 CLEAN FILTER FABRIC 4" PERFORATED PVC SDR---35 WITH 2" MIN BEDDING AND MIN 2" COVER () _ UNDER DRAIN J f�.T.S. TYPICAL SOIL EROSIM AND SEDLME14T CONTROL CONSTRUCTTO,N NOTES A. SEONafT CWTROL lakS� SHAI SE ,T STALPD PROA TO THE CQWjMCEVENT OF WWOLOOC DSUMAVCE OF Lwwo McAs. B. FOR TFIOSE OEMION ENTS WT KWF4 LNa'4ECDOt4, h'T-ECROA''S AVD OOaAeffAT4N S ULL BE VE)T0K4M AT A MNAAAt 1-M CCMAETM OF SEtkV5ENT AND M")Ff CONTROL UEASFRES (NaMNO PFRAriTER QYnROLS AND b,\£RSO!4) Pt4T TO NOCEE W XTH AHT OTHER FAR111 DSTuRM4M OR OR" 4FM ErERY __NF}i (» CVAVN4DA2 GAYS tlT SiLCU+ flflfT HTH GREATER 7NA4 0.5 1Np1 OF RAL\FALL CR 1.IafFn E((4VALET P=1,0IKK 0. SOL Risk 4 E SU.LL SE OA`4XTCTTD N SUCH A UV,'.IR AS TO UTh.49TE FR0 M F STRE'Pd.3 CIfA.F3T3, 3TAnd?0, OR U NDSCAP70 ARE TO BE DCW N PHASES. THE POM11EC %MLL PLM FOR APPROMATE SOL FR " A`O SM.F ]tT COM04 UEA9U4ES O. A STASUZED MAT OF UWSE£0 STWE KETM DOT UWATKN CA-1 LWET"14 MTN FATER FASvC 110 N A=C�DAVCE MTH THE XLHOS UZEM M)MA, OR OTHER APPRWKATE LrASIAiECS) AS APPIMM BY Tiff ENFCftLE ea OfY10EA. 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