Loading...
HomeMy WebLinkAboutOrdinances - O-80-233 - 07/21/1980 - GRANT VARIANCE HOGAN SCHMITT ET ALORDINANCE NO. o o -o- 0 3 AN ORDINANCE AMENDING AND GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS WHEREAS, a written Petition by the McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated September 9, 1979, and known as Trust No. 1875, and by GERALD G. HOGAN, RUTH ANN HOGAN, LEON W. SCHMITT, JUDY SCHMITT, DENNIS R. SCHMITT, and VERNA SCHMITT, being collectively the owners of 100% of the beneficial interest under said Trust, has been filed with the City Clerk of the City of McHenry, Illinois, requesting a variation and amendment under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: and, The East 150.0 feet of Lot 8 in Block 1 in Owen's Out - Lots to McHenry, a Subdivision of part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded October 27, 1876 in Book 59 of Deeds, page 265 in McHenry County, Illinois. WHEREAS, said Petitioners are the Owners of the above described premises, and, WHEREAS, Petitioners are requesting a variation of the requirements of Section 2(a) of Article IX, "B-l" Commercial Retail District to permit the use of the first and second floors on the West side of the building and the second and third floors on the East side of the building as apartments, and, WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on Friday, the 6th day of June, 1980, at which time the said Zon- ing Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners, and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that the following requirements for the granting of the variation re- quested had been met, to -wit: a) the particular physical surrounding, shapes, or topo- graphical condition of the specific property involved would result in a particular hardship upon the Peti- tioners, as distinguished from a mere inconvenience, if the variation were not granted; b) the conditions upon which the Petition for a varia- tion 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 the Petition- ers' property; d) the alleged difficulty or hardship has not been cre- ated by any person presently having an interest in the Petitioners' 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 sub- stantially 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 the variation, and, WHEREAS, as the regular meeting of the City Council held on Monday the o{/r/ day of ,,To L X , 1980, the Council did elect to consider the requests of the Petitioners, 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 amendment as filed by the Petitioners, and, WHEREAS, the Aldermen voting to accept the recommendation of the Zoning Board of Appeals concerning the Petition did find the facts to be suf- ficient to support the contentions as stated in the Petition, 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 Petitioners, namely: a) 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) The conditions upon which the Petition for a variation is based are unique and would not be applicable, gen- erally, to other property within the same zoning class- ification. c) The purpose of the variation is not based exclusively 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 pro- perty. 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 sub- stantially increase the congestion in 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, that a variation of the requirements of Section 2(a) of Article IX "B-l" Commercial Retail District is hereby granted, permitting the use of the first and second floors on the West side of the building and the second and third floors on the East side of the building located on the property described herein as apartments. BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect from and after passage, approval and publication as provided by law. PASSED this 21st day of July, 1980. AYES: Datz, Harker, Adams, Schooley, Meurer, Stanek NAYS: None NOT VOTING: Wieser ABSENT: Nolan, Pepping APPROVED this 21st day of July, 1980. ATTEST: City Clerk Mayor