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Home My WebLink AboutOrdinances - ORD-19-1972 - 06/17/2019 - Variances for 1207 N Park StCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1972 An Ordinance Granting Multiple Variances for the Property Located at 1207 N Park Street 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 June 17, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 181h day of June 2019. ORDINANCE NO. 19-1972 AN ORDINANCE GRANTING MULTIPLE VARIANCES FOR THE PROPERTY LOCATED AT 1207 N PARK STREET 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 by Gary Tonyan, 1207 N Park Street, McHenry, IL 60050 for a variance to allow to an accessory structure greater than 1,000 square feet in floor area; a variance from the minimum required rear yard building setback for an accessory structure and a variance from the required minimum setback from the existing principal and accessory structures, 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 15, 2019 in the manner prescribed by ordinance and statute; and WHEREAS, the City Council has considered the evidence and recommendation 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 a Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from 1,000 square feet to 1,150 square feet -to allow a 1,150 square foot accessory structure; Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from the minimum rear yard building setback from 12.5 feet to 3.5 feet; and a Variance from Article X. Accessory Uses, Yards, & Fences Table 20: Standards for Accessory Structures from a minimum setback from principal and other accessory buildings of 20 feet to 18 feet. 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 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. Passed and approved this 17th day of June, 2019. Ayes Nays Alderwoman Baehne •Y Alderman Devine Alderman Glab X Alderman Mihevc It, Alderwoman Miller X Alderman Santi X Alderman Schaefer Way t, ayor Absent Abstain Q 4-- Monte Johnson,4beputy Clerk Exhibit A Legal Description of the Subject Property Lot 9 in Block 25 in the Original Plat of the Village of McHenry on the West side of Fox River, a subdivision of Part of the Southeast Quarter of Section 26, Township 45 North, Range 8, East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds, Page 160, in McHenry County, Illinois STATE OF ILLINOIS ) COUNTY OF MCHENRY ) CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 17th day of June, 2019, the foregoing Ordinance entitled An Ordinance Granting Multiple Variances for the Property Located at 1207 N Park Street in the City of McHenry, McHenry County, Illinois was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance Number ORD-19-1972, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 181h day of June, 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 18th day of June, 2019. 714— k l . Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)