HomeMy WebLinkAboutOrdinances - O-79-202 - 08/06/1979 - ZONING VARIANCE TERRY MOHR0-79-202
RECEIVED_
ORDINANCE
AUG 61979
CITX OF, MC,HEMY
WHEREAS, a Petition was filed before the Zoning
Board of Appeals of the City of McHenry by McHENRY STATE BANK, as
Trustee under a Trust Agreement dated the 4th day of June, 1979,
and known as Trust No. 1796, as legal titleholder of record, and
TERRY R. MOHR, as owner of sole beneficial interest in said trust,
and
WHEREAS, said Petition did request a variation under
the provisions of the Zoning Ordinance of the City of McHenry, and
such Ordinance as amended, in regard to 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 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 inter-
section with the East line of the State Highway, (now known
as Route #31); thence Southerly on the East line of said
highway, 288.92 feet for a point of beginning; thence
continuing Southerly on said East line 366.08 feet; thence
North 88 degrees 49 minutes 22 seconds East parallel with the
East and West Quarter Section line, 293.41 feet to a point
297.0 feet West of the East line of the Northwest Quarter of
the Southwest Quarter of said Section 35; thence North 14
degrees 17 minutes 48 seconds East, 75.75 feet; thence North
88 degrees 49 minutes 22 seconds East, 31.32 feet; thence
North 0 degrees East, 122.46 feet; thence North 16 degrees
26 minutes 40 seconds West, 176.72 feet; thence South 88 degrees
49 minutes 22 seconds West, 302.49 feet to the point of
beginning, McHenry County, Illinois.
AND, WHEREAS, a hearing was held before the said
City of McHenry Zoning Board of Appeals in regard to the contents of
the petition, and evidence and exhibits were introduced thereat by
the Petitioners at such hearing in support of their position;
AND, WHEREAS, as a result of said hearing, after
considering the contents of the petition, and of the evidence presented
in support of the petition, the Zoning Board of Appeals did find as
follows:
(a) Due to the particular physical surroundings, shapes,
or topographical conditions of the specific property
involved, a particular hardship would result if the
strict letter of the regulations were carried out;
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(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 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;
AND, WHEREAS, the Zoning Board of Appeals did
recommend the granting of the variation of the Zoning Ordinance of
the City of McHenry to allow the premises to be used as a residence
and single law firm, provided that the character of the building
and the property would not be changed and that the access -to and
from the property should -be limited to a single common entrance and
exit.
NOW, THEREFORE:
BE IT ORDAINED by the City Council of the City
of McHenry, na' the provisions and requirements
of the Zoning Ordinance of the City of McHenry,
and such Ordinance as amended, concerning the
permitted uses of the premises hereinabove
described be and hereby are varied so as to allow
the premises to be used as a residence and a single
law firm provided that the character of the building
and the property would not be changed and that the
access to and from the property should be limited
to a single common entrance and exit.
THIS VARIATION shall be in full force and effect from
and after the day of August, 1979.
DATED this day of Auqust, 197 .
•
ATTEST:
ity Clerk
Voting Aye: IVOLAO, 1449KER, .DATz, Sc#a0Z_EY,
Voting Nay: PEP K AICG
Abstaining: )VONE
Absent: /✓ONCE