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HomeMy WebLinkAboutOrdinances - ORD-13-1621 - 03/18/2013 - USE VARIANCE TO ALLOW 2 PRINCIPAL LAND USES A STODepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1621 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TWO PRINCIPAL LAND USES, A STORAGE GARAGE AND SINGLE-FAMILY RESIDENCE, AND TWO PRINCIPAL BUILDINGS ON ONE LOT 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 S.H. Freund & Son, requesting a use variance allow two principal land uses, a storage garage and single-family residence, and two principal buildings on one lot on the SUBJECT PROPERTY, legally described on Exhibit A, attached hereto and incorporated herein, and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on February 21, 2013 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a use 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 use 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: The SUBJECT PROPERTY is hereby granted a Use Variance to allow two principal land uses, a storage garage and single-family residence, and two principal buildings on one lot on the SUBJECT PROPERTY, subject to the condition the residential use is terminated at such time the home becomes vacant and at this time the applicant must conform to the C-4 zoning regulations. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 2: In granting said Use Variance, the City Council finds that the requirements of Table 32(A) of the Zoning Ordinance have been met in that: 1) For reasons fully set forth in the written findings, the strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district. 4) The granting of the use 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. 5) The granting of a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Passed and approved this 18 TH day of March, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, and Condon NAYS: None ABSTAINED: None ABSENT: None NOTVOTING: None MAYOR ATTEST: CITY R)K Department of Community& Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@cl.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of the SUBJECT PROPERTY THE EAST HALF OF L07S TWO (2) AND THREE (3) AND PART OF 774E NOP774 EAST CORNER OF LOT SIX (6), BOUNDED AS FOLLOWS, BEGINNING A 7' THE NORTH EAST CORNER OFSAID LOT 51X (6); THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT ELEVEN (11) FEET.- THENCE WSTERLY SIXTY-51X (66) FEET` THENCE NORTHERLY ELEVEN (11) FEET AND 70 THE NORTH LINE OF SAID LOT THENCE EASTERLY ON THE NORTH LINE OF SAID LOT SIXTY-EIX (66) FEET TO THE PLACE OF BEGINNING, ALL IN BLOCK TWENTY (20) IN THE 14LLAGE OF MCHENRY, WEST SIDE OF FOX RIVER IN MCHENRY COUNTY, ILLINOIS.