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
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