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HomeMy WebLinkAboutOrdinances - O-78-161 - 07/31/1978 - GRANT ZONING AND VARIATION KINGSTON VENTURE0-161 O R D I N A N C E llV v� _JUL 18 1978 01 / 9-/(O/ WHEREAS, a Petition was filed with the Zoning Board of appeals of the City of McHenry by the KINGSTON VENTURE and BARRY ',EIBSOHN, requesting rezoning and the granting of a variation, ender the provisions of the Zoning Ordinance of the City of 4cHenry, and such Ordinance as amended, concerning the following described premises: That part of the Northwest Quarter of the Southwest Quarter of Section 35, Township 45 North, Range 8 East of the Third Principal Meridian lying on the Easterly side of the State Highway described as follows: Commencing at the West Quarter corner of Section 35; Thence Easterly on the East and West Quarter Section line, 715.0 feet to an intersection with the East Line of the State Highway, (now known as Route 31); thence Southerly on the East Line of said State Highway, 288.92 feet; thence Easterly on a line parallel with the East and West Quarter Section Line, 302.49 feet for a point of beginning; thence continuing along the last described line 297.0 feet to the East line of the Northwest Quarter of the Southwest Quarter of said Section; thence Southerly on said East line thereof, 366.10 feet; thence Westerly on a line parallel with the East and West Quarter Section line 297.0 feet; thence Northeasterly at an angle of 74° 31' 34" measured counter -clockwise from the last described line, 75.75 feet, thence Easterly at an angle of 74° 31' 34" measured clock- wise from the last described line, 3.1.32 feet; thence Northerly at an angle of 88°49' .22" measured counterclockwise from the last described line 122.06 feet; thence Northwesterly 176.72 feet to the point of beginning, in McHenry County, Illinois. AND WHEREAS, Petitioners, KINGSTON VENTURE is in the rocess of effecting a purchase of the above -concerned premises rsuant to an existing contract to purchase, which when executed ill leave the KINGSTON VENTURE as the only parties in interest, AND WHEREAS, Petitioners, KINGSTON VENTURE and BARRY IBSOHN are requesting classification of the above -described act from its present "R-2" Single -Family District, to "R-3" ingle Family District. AND WHEREAS, Petitioners, KINGSTON VENTURE were -equesting a variation from the "R-3" classification requirement )f a minimum width at the front building line of seventy-five [75) feet to a reduced minimum width at the front building line )f seventy-three (73) feet. AND WHEREAS, a hearing was had before the City of McHenry toning Board of Appeals on Friday, the 14th day of July, 1978, a= ahich time the said Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners, AND, WHEREAS, as a result of said hearing, the Zoning 3oard of Appeals did recommend to the City Council of the City of McHenry the granting of the Petitioners' prayers for both rezoning and Variation, AND, WHEREAS, at the regular meeting of the City Council held on Monday, the 31st day of July, 1978, the Council did elect to consider the requests of Petitioners, KINGSTON VENTURE and BARRY LEIBSOHN, AND, WHEREAS, as a result of such consideration, the City Council of the City of McHenry did affirm the recommendation of the Zoning Board of Appeals of the City of McHenry concerning the graver for Variation and Rezoning as filed by Petitioners, KINGSTON VENTURE and BARRY LEIBSOHN, AND, WHEREAS, the Aldermen voting to accept the recommendation of the Zoning Board of Appeals concerning the Petition of KINGSTON VENTURE and BARRY LEIBSOHN, did find the facts to be sufficient to support the contentions as stated in the Petition. AND, WHEREAS, said Aldermen did find that the premises re suited for single family development and that the five units proposed would be of a character so as to contribute to the mature and harmony of the area, -2- AND, WHEREAS, the said Aldermen did find the fact to be :hat the subject premises were suitable for single-family •esidential development by reason of the characteristics of the -urrounding environs, would be in harmony and keeping with the surrounding area, AND, WHEREAS, the said Aldermen did find that the Tariation requested meets the standards for Variations under the I oning Ordinance of the City of McHenry, and such ordinance as amended, to -wit: a. The particular physical surroundings, shapes, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. b. The conditions upon which the Petition for a Variation is based are unique and would not be applicable, generally, to other property within the same zoning classification. C. The purpose of the variation is not based ex- clusively upon a desire to make more money out of the property. d. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. e. The granting of the Variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. f. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase 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. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the lCity of McHenry, Illinois, as follows: The premises as hereinabove legally described shall The and is hereby reclassified as "R-3" Single -Family District, and, -3- BE IT FURTHER ORDAINED that a Variation be given to the Said property to permit minimum width of each lot at the front 3uilding line to be seventy-three (73) feet. PASSED on this 31st day of July, 1978. S APPROVED on this .S day of July, 1978. w' • Mayor ATTEST: City Clerk ING AYE: 90&F_xS , SCNOdLEY, WgxXER, A(OLAN, Bo -6" - /�.D A M S S M i TH , -b A TZ ING NAY: � : NONE. -4-