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HomeMy WebLinkAboutOrdinances - O-80-227 - 05/19/1980 - AMEND ZONING TO ALLOW VARIANCE0-80-227 AN ORDINANCE 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 Zoning Ordinance of the City of McHenry, Illinois, as now in effect, and the zoning maps of the City of McHenry, Illinois, adopted as a part of said Ordinance be and they are hereby amended as follows: A. That the City of McHenry Zoning Ordinance is amended to permit a variation on the following described property: That part of the Northeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at a point in the East line of said Northeast Quarter which is 1063.73 feet South from the Northeast corner of said Northeast Quarter, and being on the Northeasterly line of Logan Street as shown on the plat of "Cooney Heights, Second Addition", according to the Plat of said subdivision recorded April 3, 1954 as Document No. 276884 in Book 11 of plats, page 101, and running thence Northwesterly along said North- easterly line of Logan Street a distance of 125.79 feet to the place of beginning; thence continuing Northwesterly, along said Northeasterly line of Logan Street, a distance of 218.56 feet to a point which is 150.00 feet Southeasterly of the Southeasterly line of South Street as shown on the Plat of Hanley's Second Addition to West McHenry, according to the Plat thereof recorded in Book 1 of Plats, on page 44; thence Northeasterly parallel with the Southeasterly line of said South Street for a distance of 150.05 feet to a point; thence Southeasterly 197.38 feet (200.03 feet meas.) more or less, to an intersection with the aforesaid East line of the Northeast Quarter at a point which is 864.80 feet South from the Northeast Corner thereof; thence South along said East line, 26.36 feet; thence Southwesterly 121.57 feet to the place of beginning, in McHenry County, Illinois. which said variation is as follows: That pursuant to the specific requests of the owner -petitioner, there shall be permitted on said property an additional unit to be used as an apartment for Bunny Egerstaffer and/or his spouse, with the provision that there shall be no income derived from the additional 900 square foot unit in the basement and said Bunny Egerstaffer and his spouse shall have the duties of maintaining the building and grounds. Said variation shall further allow the utilization of three habitable stories. This variation shall be in effect so long as the unit is occupied by Bunny Egerstaffer and/or his spouse, and, thereafter, said variation shall terminate. SECTION 2: That the Zoning Ordinance of the City of McHenry, Illinois, as now in effect, and the zoning maps of the City of McHenry, Illinois, adopted as part of said Ordinance, be and they are hereby amended to permit the said aforementioned variation. SECTION 3: That such variation is made following proper application having been made therefor before the City of McHenry Zoning Board of Appeals, with the publication of notice of the hearing thereon, and public hearing held by and before the City of McHenry Zoning Board of Appeals, and the following findinqs made by the City Council after noting the character of the building, the original intended use of the building, the character of the neighbor- hood, market changes in the neighborhood and the unique situation of the present tenant of the area in question: a. That the particular physical surroundings, shapes, or topo- graphical 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. That 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. 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 has not been created by any person presently having an interest in the property; e. That 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; and f. That the proposed variation will not impair an adequare 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. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage and approval according to law. Passed and approved this 19th day of May, 1980. Mayor ATTEST: City Clerk Voting Aye: Nolan, Pepping, Datz, Harker, Adams, Schooley, Meurer Voting Nay: None Absent: Wieser -2-