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HomeMy WebLinkAboutOrdinances - O-81-267 - 08/03/1981 - AMEND ZONING AND GRANT VARIATION WASGNERORDINANCE NO. 0-81-267 AN ORDINANCE AMENDING AND GRANTING A VARIATION UNDER THE ZONING ORDINANCE OF THE CITY OF MCHENRY. ILLINOIS WHEREAS, a written Petition by RANDALL T. WAGNER and BARBARA A. WAGNER 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: Lot 1 in Block 10 in the Original Plat of McHenry on the West side of Fox River, a subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160 in McHenry County, Illinois. WHEREAS, the Petitioners are the owners of the above described property which is zoned "R-3A", Residence District, is improved with a two story frame residence and is non -conforming as to front and side yard setbacks and; WHEREAS, Petitioners are requesting a variation of the front and side yard setback lines to permit the remodeling of the residence, including removing an existing 8' by 12' addition at the rear of the building; replacing it with a 20 x 28 foot addition and changing the roof line of the existing two story addition to blend with the improvement and; WHEREAS, said improvement requires a front setback (John Street) of 8 feet 9 inches; a side yard (Fourth Street) setback of 6 feet 10 inches to the existing building and a side yard setback of 10 feet to the proposed 20' x 28' addition and; WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on Friday, the 31st day of July, 1981 at which time the said Zoning 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 variations requested had been met, to -wit: a) the particular physical surrounding, shapes, or topographical condition of the specific property involved would result in a particular hardship upon the Petitioners, 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 the Petitioners' property; d) the alleged difficulty or hardship has not been created by any person 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 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 Petitioner's prayer for the variations, and; WHEREAS, at the regular meeting of the City Council held on Monday, the 3rd day of August, 1981, 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 sufficient to support the contentions as stated in the Petition, and; WHEREAS, the said Aldermen did find that the variations requested meet the Standards for variations under the Zoning Ordinance of the City of McHenry as herein above set forth. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, that variation of the requirements of ARTICLE VII- A, 11R-3A" Residence of the City of McHenry Zoning Ordinance is hereby granted permitting yard setback lines for the within described property as follows: A. A front yard setback (John Street) of 8 feet 9 inches; B. A side yard setback (Fourth Street) to the existing building of 6 feet 10 inches. C. Aside yard setback (Fourth Street) to a 20 foot by 28 foot addition of 10 feet. 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 3rd day of August, 1981. AYES: Nolan, Datz, Smith, Meurer, Serri tel 1 a NAYS: None NOT VOTING: None ABSENT: Pepping, Harker, Wieser APPROVED this 3rd day of August, 1981. VA "no-0- -. CMayor ATTEST: Barbara E. Gilpin, City Cie (SEAL)