HomeMy WebLinkAboutOrdinances - O-78-177 - 10/30/1978 - GRANT VARIATION GEORGE CONE LOTS 13 AND 14 HAY HEIORDINANCE NO. J--9// /
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS, INCLUDING A VARIATION THEREON
WHEREAS, a written Petition signed by GEORGE F. CONE, has been
filed with the City Clerk of the City of McHenry, Illinois, requesting the rezoning and
the granting of a variation, under the provisions of the Zoning Ordinance of the City
of McHenry, and such Ordinance as amended, concerning the following described premises:
and,
Lots 13 and 14 in Block 2 in Hay Heights, a Subdivision of part of the
East Half of Section 34, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded May l0,
1955 as Document No. 292394 in Book 12 of Plats, page 25, in McHenry
County, Illinois;
WHEREAS, Petitioner, GEORGE F. CONE, is the Owner of the above
described premises, and,
WHEREAS, Petitioner, GEORGE F. CONE, is requesting that the classification
of Lot 14 be changed from 11R-1" Single Family District, to "R-3" Single Family District,
and,
WHEREAS, Petitioner, GEORGE F. CONE, is requesting a vaLriation from
the "R-3" Single Family District Classification to provide for the division of Lots 13
and 14 into Northwesterly and Southeasterly parcels for building purposes, the Southeasterly
parcel to contain a minimum width at the front building line of 75 feet, resulting in
a variation as to the Northwesterly parcel, that is, permiting an Easterly sideyard of not less
than 8.8 feet on the existing structure on the Northwesterly 110 feet of Lots 13 and
14 in Block 2 in the Hay Heights Subdivision, City of McHenry, Illinois, and,
WHEREAS, a hearing was had before the City of McHenry Zoning Board
of Appeals on Friday, the 6th day of October, 1978, at which time the said Zoning Board
of Appeals did take evidence and view exhibits presented thereat by the Petitioner, and,
WHEREAS, based on the evidence heard, the Zoning Board of Appeals
found that there was no overriding reason for not granting a change in zoning classification,
and,
WHEREAS, based on the evidence heard, the Zoning Board of Appeals
found that it would serve the interests of the City if a sideyard variation viere granted
because:
a) the particular physical surroundings, shapes, or topographical condition
of the specific property involved would result in a particular 'hardship
upon Mr. Cone, as distinguished from a mere inconvenience, if the
variation were not granted;
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 exclusively upon a desire
to make more money out of Mr. Cone's property;
d) the alleged difficulty or hardship has not been created by any person
presently having an interest in the Cone 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 valued within the
neighborhood, and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council of the City of McHenry the granting of the Petitioners
prayer for both rezoning and variation, and
WHEREAS, at the regular meeting of the City Council held on Monday,
the 30th day of October, 1978, the Council did elect to consider the requests of the
Petitioner, GEORGE F. CONE, 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 prayer for variation and rezoning as filed by the Petitioner,
GEORGE F. CONE, and
WHEREAS, the Aldermen voting to accept the recommendation of the
Zoning Board of Appeals concerning the Petition of GEORGE F. CONE 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 were suited' for future
single family development, and,
WHEREAS, the said Alderman did find the fact to be that the subject
premises were suitable for single family residential development by reason of the character-
istics of the surrounding environs, would be in harmony in keeping with the surrounding
area, and,
WHEREAS, the said Aldermen did find that the variation requested meets
the standards for variation under the Zoning Ordinance of the City of McHenry, and
such Ordinance as amended, as applied to the Petitioner, GEORGE F. CONE, namely:
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.
- 2-
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 calssification.
c) The purpose of the variation is not based exclusively upon a desire
to make more money out of the property.
d) The alleged diffuculty or hardship has not been created by an), 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 City
of McHenry, Illinois, as follows: That Lot 14 in Block 2 in the Hay Heights Subdivision,
City of McHenry, Illinois, be and is hereby reclassified as "R-3" Single Family District,
and
BE IT FURTHER ORDAINED that a variation be given to the property
being legally described above, that is, Lots 13 and 14 in the Hay Heights Subdivision,
City of McHenry, Illinois, to permit the division of said property into Northwesterly
and Southeasterly tracts, with permission being given to establish an Easterly sideyard
of not less than 8.8 feet on the existing structure on the Northwesterly 110 feet of
Lots 13 and 14 in Block 2 in the Hay Heights Subdivision, City of McHenry, Illinois,
said property being further described above, and
BE IT FURTHER ORDAINED that this Ordinance shall be in f ull force
and effect from and after passage, approval and publication as provided by law.
Voting AYE: S") T
ScaoaLF V
I� oG F R s
oL ER
f VOGA Al
,7),4 7"Z
-3-
Voting NAY: /VOA)
PASSED: 67 caa ,k O , /97-
APPROVED: (?C Td 6''k z / 9i-f
PUBLISHED: �GT O lSf /C , �j/ , 2271
The CITY OF McHENRY, ILLINOIS., a Municipal
Corporation chartered under the Laws of
the State of Illinois.
ATTEST:
City Clerk
Approved as to form: NARUSIS & NARUSIS, City Attorney