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HomeMy WebLinkAboutOrdinances - ORD-03-1191 - 09/29/2003 - GRANT ZONING AND VARIANCES PARKSIDE TNHOME DEV HALORDINANCE NO. ORD-03-1191 AN ORDINANCE GRANTING A ZONING MAP AMENDMENT AND CERTAIN VARIANCES FOR THE PARKSIDE TOWNHOME DEVELOPMENT LOCATED NORTH OF MCCULLOM LAKE ROAD, WEST OF THE MEIJER/HOME DEPOT SUBDIVISION IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed by Hallmark Homes, L.L.C., the "CONTRACT PURCHASER", requesting a Zoning Map Amendment to RM-1, Low -Density Multi -Family Residential and approval of certain variances for the property legally described on "Exhibit A", attached hereto and incorporated herein; the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petitions was held before the Planning and Zoning Commission on June 26, 2003, in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Zoning Map Amendment and 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 Zoning Map Amendment and variances are 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 PROPERY be granted a Zoning Map Amendment to RM-1, Low -Density Multi -Family Residential. SECTION 2: That the SUBJECT PROPERT be granted a variance to allow multiple buildings on a single zoning lot. SECTION 3: In granting said Zoning Map Amendment, the City Council finds that the requirements of Table 33 of the Zoning Ordinance have been met in that: The requested zoning classifications are compatible with the existing uses and zoning of property in the environs; 2. The requested zoning classifications are supported by the trend of development in the general area; 3. The requested zoning classifications are consistent with the objectives of the City of McHenry Comprehensive Plan; and 4. The requested classifications promote the public interest. SECTION 4: 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 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 5: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 6: 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. 2 SECTION 7: 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 29TH DAY OF SEPTEMBER , 2003 AYES: BOLGER, LOW, WiMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NONE NOT VOTING: APPROVED THIS 29TH DAY OF SFPTFMRFR , 2003 MAYOR ATTEST: CITY E 3 Exhibit A Legal Description of the SUBJECT PROPERTY Part of the West Half of the Southwest Quarter of Section 23, Township 45 North, Range 8, East of the Third Principal Mer;&on, being described as follows: Commencing at the Intersection of the west line of said West Half of the Southwest Quarter with the centerline of McCullom Lake Road; thence South 44 degrees 06 minutes 09 seconds East along said centerline, 835.40 feet to the east line of the property described in Document No. 552877; thence North 0 degrees 18 minutes 34 seconds East along said east line. 47.62 feet to the Northeastedy right—of—way fine of said McCullom Lake Road and the place of beginning, thence continuing North 0 degrees 18 minutes 34 seconds East along sold East line 456.49 feet to the Northeast corner thereof; thence South 88 degrees 49 minutes 31 seconds West along the north line thereof, 29.17 feet to the east line of the property described In Document No. 713653; thence North 01 degrees 12 minutes 09 seconds West along said east line, 169.08 feet to the Northeast comer thereof; thence South 89 degrees 42 minutes 51 seconds West along the north line thereof, 120.80 feet to the Northwest corner thereof, thence North 0 degrees 44 minutes 12 seconds East along the east fine of the property described in Book 387 of Deeds, page 629, a distance of 644.89 feet to the Northeost comer thereof; thence North 88 degrees 51 minutes 12 seconds East along the north line of the South Half of the Northwest Quarter of the Southwest Quarter of sold Section 23, a distance of 868.16 feet to the east line of the West Half of said Southwest Quarter, thence South 00 degrees 18 minutes 34 seconds West along said east line, 1256.67 feet to the Southeast corner thereof, thence North 60 degrees 06 minutes 21 seconds West, 193.90 feet; thence Southwesterly 349.66 feet along a curve to the left, having a radius of 269.50 feet, chord length of 325.64 feet and bears South 82 degrees 43 minutes 32 'seconds West; thence South 45 degrees 33 minutes 25 seconds West, 223.54 feet to the sold Northeasterly right—of—way line of said McCullom Lake Road; thence North 43 degrees 33 minutes 06 seconds West along said right—of—way line 98.29 feet to the place of beginning, In McHenry County, Illinois.