HomeMy WebLinkAboutOrdinances - O-78-161 - 07/31/1978 - GRANT ZONING AND VARIATION KINGSTON VENTURE0-161
O R D I N A N C E
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_JUL 18 1978
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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,
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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,
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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.
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