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HomeMy WebLinkAboutOrdinances - O-83-311 - 05/02/1983 - AMEND ZONING GRANT VARIATION BUSCH PARKINGORDINANCE NO. D_-.83-311 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS, TO PERMIT A VARIATION THEREON WHEREAS, a written Petition signed by WILLIAM W. BUSCH, JR. and JANE A. BUSCH, has been filed with the City Clerk of the City of McHenry, Illinois, requesting the granting of a variation, under the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: The North 6254 feet of the East 92 feet of Lot 1 in Block 22 in the Original Plat of McHenry, on the West side of the Fox River, a subdivision of part of the Southeast Quarter of Section 26, Town- ship 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, Petitioners, WILLIAM W. BUSCH, JR. and JANE A. BUSCH, are the Owners of the above described premises, and, WHEREAS, Petitioners, WILLIAM W. BUSCH, JR. and JANE A. BUSCH, are requesting a variation from the "OFF-STREET PARKING AND LOADING" Ordinance to allow the subject premises to be serviced by five (5) on -site spaces, to be utilized on a shared -time basis with another professional, and, WHEREAS, hearings were held before the City of McHenry Zoning Board of Appeals on April 7, 1983 and April 21, 1983, 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 it would serve the interests of the City if an Off -Street Parking and Loading variation were granted because: a) the particular physical surroundings, 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 Petitioners' property; d) the alleged difficulty or hardship has not been created by any person presently having an interest in the subject 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, WHEREFORE, 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 variation as follows: that the requirements for parking at the subject premises be set at five (5) on -site spaces for a shared -time professional use of the subject property, with no more than three (3) employees, and one (1) tenant occupying the upstairs apartment, and, WHEREAS, at the regular meeting of the City Council held on Monday, the 2nd day of May, 1983, the Council did elect to consider the requests of the Petitioners, WILLIAM W. BUSCH, JR. and JANE A. BUSCH, 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 as filed by the Petitioners, WILLIAM W. BUSCH, JR. and JANE A. BUSCH, and, WHEREAS, the Aldermen voting to accept the recommendation of the Zoning Board of Appeals concerning the Petition of WILLIAM W. BUSCH, JR.. and JANE A. BUSCH 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 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, WILLIAM W. BUSCH, JR. and JANE A. BUSCH, namely: a) the particular physical surroundings, 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 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, 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 Petitioners' property; d) the alleged difficulty or hardship has not been created by any person presently having an interest in the subject 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, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: that a variation be given to the property being legally described above, that is, The North 6254 feet of the East 92 feet of Lot 1 in Block 22 in the Original Plat of McHenry, on the West side of the Fox River, a subdivision of part of the Southeast Quarter of Section 26, Town- ship 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 City of McHenry, Illinois, to permit a variation thereon as follows: that the require- ments for parking at the subject premises be set at five (5) on -site spaces for a shared - time professional use of the subject property, with no more than three (3) employees, and one (1) tenant occupying the upstairs apartment, and, 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. Voting AYE: Bol qer Datz Busse Snell SerritelIa Voting NAY: Smi th PASSING McClatchey ABSENT: Nol an PASSED: May 2, 1983 APPROVED: May 2, 1983 PUBLISHED: Published in pamphlet form 5-3-83. The CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of the State of Illinois. ATTEST: City Clerk -Barbara Gilpin Approved as to form: NARUSIS & NARUSIS, City Attorney By:• d---� .