HomeMy WebLinkAboutOrdinances - O-70-44.5 - 09/21/1970 - VARIATION FOR LOT 13 BL9699529
AN ORDINANCE
No. 0-44.5
AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MCHENRY, ILLINOIS AS FOLLOWS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City
of McHenry, Illinois as passed, approved and as subsequently amended
and as now in effect, and the zoning map of the City of McHenry,
Illinois adopted as a part of said Zoning Ordinance, and as amended,
be and they are hereby amended as follows:
A. That a variation of the present "R-3" Single -Family District
yard requirements be and the same is hereby granted from the
m-Liiimum of 6.6 feet to 5 feet 9 inches for the following described
property:
Part of Lot 13 in Block 9 described as follows: Be-
ginning at the most Westerly corner of said Lot 13;
thence Northeasterly along the line between Lots 12
and 13 a distance of 132 feet to the most Northerly
corner of Lot 13; thence Southeasterly along the
Northeasterly line of said Lot 13, 66 feet; thence
Southwesterly in a straight line 132 feet to a
point on the Southwesterly line of said Block 9
which is 66 feet Southeasterly from the aforesaid
point of beginning; thence Northwesterly 66 feet
to the point of beginning; said Block 9 being in
the Plat of West McHenry, a Subdivision of part of
1 the Northwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian,
according to the Plat thereof recorded June 14, 1859
in Book 24 of Deeds, page 22, in McHenry County,
Illinois.
SECTION 2: That such variation of the provisions of said Zoning
Ordinance is made following hearing before and written findings of
the Zoning Board of Appeals, following proper application therefor,
publication of notice thereof, and public hearing, in accordance with
the provisions of said Zoning Ordinance.
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699529
SECTION 3: That such variation is granted upon a finding by
the Zoning Board of Appeals as follows:
A. That the particular physical condition of the specific
property involved would result in a particular hardship upon the
owners, as distinguished from a mere inconvenience, if the strict
letter of the regulations were carried out;
B. That the conditions on which the Petition for variation is
based are unique and are not applicable, generally, to other property
within the same zoning classification;
C. That the purpose of the variation is not based exclusively
upon a desire to make more money out of the property;
D. That the alleged difficulty or hardship was created by a
person having a present interest in the property, in that there were
errors committed during the early stage of construction that went
entirely unnoticed, both by the Building Department of the City of
McHenry and by the property owner -contractor, which in all liklihood
were honest oversights;
E. That the granting of the variation will not be materially
trimental to the public welfare or injurious to other property
or improvements in the neighborhood in which the property is located;
F. That the proposed variation will not impair an adequate
supply of light and air to adjacent property or substantially in-
crease the congestion in the public streets or increase the danger
of fire, or endanger the public safety, or substantially diminish
or impair property values within the neighborhood; and
G. That no objectors to the Petition appeared, and the Zoning
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699529
-d of Appeals recommended that the City Council decide the
matter equitably to all concerned.
SECTION 4: That all ordinances or parts thereof in conflict
herewith be and the same are hereby repealed.
SECTION 5: That this ordinance shall be in effect from and
after its passage and approval according to law,
PASSED • Zc • % - Ct - zz�r�
Mayor, City of McHenry
"•nTEST:
City Clerk
City of McHenry
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This instrument prepared by:
Kell & Conerty
121 E. Calhoun
• Woodstock, Illinois 60098
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