Variances to the provisions of this chapter may be granted subject
to the process and standards that follow:
A.
Process.
(1)
In order to be considered for a variance, a variance petition shall
be submitted to the enforcement officer.
(2)
The enforcement officer shall have the authority to grant variances
to the provisions of this chapter.
(a)
A public hearing is required for a variance petition that affects
adjoining properties or has the potential to affect adjoining properties,
as determined by the enforcement officer. When required, the petitioner
shall schedule a public hearing before the enforcement officer and
shall be responsible for all fees associated with the hearing. Notice
of the hearing shall be published once in a newspaper having a general
circulation within the community. The publication shall not be less
than 15 days nor more than 30 days prior to the hearing. All owners
of record of land within 250 feet of the contiguous property shall
be served notice of the public hearing not less than 15 days nor more
than 30 days prior to the hearing. The notice shall be served by certified
mail, return receipt requested. All notices shall include at least
the following information:
[1]
The street address of the development site or, if there is no
street address, then the location of the development site with reference
to well-known landmarks;
[2]
A description of the regulated development;
[3]
Identification of each chapter provision for which a variance
is requested;
[4]
A statement that any person may attend the hearing and submit
verbal comments regarding the variance petition, with the date, time,
and location of the hearing;
[5]
A statement that any person may submit written comments regarding
the variance petition, with the address to which written comments
shall be mailed and the date by which written comments shall be received;
and
[6]
A statement that any and all documents that concern the variance
petition which are subject to public disclosure will be made available
for inspection by the City, with the location where the documents
will be available for inspection.
(b)
The enforcement officer shall grant the variance, grant the
variance with conditions, or deny the variance in writing within 45
days.
(c)
Written decisions shall be made public for all variance petitions
and shall be on file with the City.
(d)
The MCSC Chief Engineer shall be notified of every variance
hearing in the City and of every variance granted by the City.
(e)
Any person with an affected interest in the variance petition
may appeal a variance decision according to the appeals standards
of this chapter.
B.
Standards.
(1)
The enforcement officer may grant variances to the provisions of
this chapter if the petitioner provides evidence demonstrating that:
(a)
Failure to grant the variance would result in an unreasonable
hardship; and
(b)
The variance is necessary due to unique and exceptional physical
circumstances or a condition of a particular property; and
(c)
The variance is the minimum necessary to afford relief; and
(d)
The variance will not cause detriment to the public good, safety
or welfare; and
(e)
The variance will not cause an increase in the water surface
profile within a floodway; and
(f)
The variance will not cause an increase in the water surface
profile upstream of the development site, unless:
(g)
The variance will not be contrary to the spirit, purpose and
intent of this chapter; and
(h)
The regulated development meets the minimum federal, state,
and other local regulations, including those of IDNR/OWR and FEMA
for participation in the NFIP.
(2)
The enforcement officer shall notify a petitioner in writing that
a variance from the requirements of the building protection standards
of this chapter that lessens the degree of protection to a building
may result in increased premium rates for flood insurance and may
increase the risk of loss of life and property. The enforcement officer
shall require the petitioner to acknowledge the assumption of the
risks and liability in writing. If the variance is approved, the document
shall be recorded against the property with the McHenry County Recorder
of Deeds' office and the petitioner shall pay the fee for recording
the exception.
C.
Conditions.
(1)
In granting a variance, the enforcement officer may impose specific
conditions and limitations on the petitioner concerning any matter
relating to the purposes of this chapter.
(2)
Whenever any variance is granted subject to any condition to be met
by the petitioner, the petitioner shall submit evidence that the condition
has been met.
D.
A variance petition shall include:
(1)
A stormwater management permit application;
(2)
Payment of the initial application fee;
(3)
Payment of the variance fee as outlined in § 241-35;
(4)
A description and depiction of the regulated development;
(5)
Plans, reports, calculations and any other documentation listed in
the application requirements of this chapter which the enforcement
officer deems necessary in order to make a written recommendation;
(6)
Identification of each chapter provision for which a variance is
requested;
(7)
A written statement describing the effect on adjoining properties;
and
(8)
A legal description or PIN for all parcels impacted by the regulated
development.
A.
Any person aggrieved by the following decisions of the enforcement
officer shall have the right to appeal the decision to the City of
Crystal Lake City Council:
B.
Any person aggrieved by a ruling of the City of Crystal Lake City
Council, including rulings related to variance petitions, may appeal
that ruling to the MCSC.
C.
After exhausting the administrative reviews set forth in this section,
any aggrieved person contesting a ruling of the MCSC may appeal to
the Illinois Circuit Courts under the Illinois Administrative Procedure
Act (5 ILCS 100/1-1 et seq.).
D.
All appeals to the City Council and the MCSC shall be made in writing,
shall specify the reasons for the appeal, and shall include all information
pertinent to the appeal. For appeals regarding permit denials or permit
conditions, the appeal must be submitted within 30 calendar days from
the date of denial or conditional issuance of a stormwater management
permit. An appeal of the issuance of a stop-work order must be served
within 14 calendar days from the date of posting the stop-work order.
E.
The City Council and the MCSC shall rule in favor of or against an
appeal, in whole or in part, within 45 days after receipt of the appeal.
F.
Any person who has been issued a stormwater management permit, and
appeals a condition of the permit, may commence construction of the
subject development prior to the resolution of the appeal; however,
any commencement of construction must comply with all the terms and
conditions of the stormwater management permit as issued.
G.
Any person whose stormwater management permit was denied is prohibited
from commencing construction of the subject development while the
appeal is pending. Under no circumstances shall construction commence
prior to the issuance of a stormwater management permit.
H.
Any person who requests an appeal of the issuance of a stop-work
order must suspend construction of the subject development while the
appeal is pending.
