HomeMy WebLinkAboutOrdinances - O-84-336 - 04/30/1984 - GRANT VARIANCEWHALE'S TAILORDINANCE NUMBER 0-84-336
STATE OF ILLINOIS )
COUNTY OF McHENRY ) SS.
CITY OF McHENRY )
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS
WHEREAS, the question of enacting the variation, herein-
after provided for, of the Zoning Ordinance of the City of
McHenry, came before the Zoning Board of Appeals of the City
pursuant to a Petition to hold a public hearing thereon; AND
WHEREAS, notice as required by said Zoning Ordinance
was published fixing the date of the hearing on said Petition,
and the necessary notices were given to adjoining and
abutting property owners; AND
WHEREAS, a public hearing was had on said Petition on
the 12th day of April, 1984, at the hour of 7:30 P.M.; AND
WHEREAS, said Board of Appeals has made recommendations
and has submitted findings of fact to the City Council; AND
WHEREAS, it appears that there are practical difficulties
and particular and undue hardships resulting from the ap-
plication of the strict letter of the Zoning Ordinance to
the property in question.
NOW, THEREFORE, BE IT ORDAINED by the MAYOR and CITY
COUNCIL of the City of McHenry, County of McHenry and State
of Illinois, THAT:
SECTION l: The City Council expressly finds:
(a) Due to the particular surroundings of the subject
property, as well as the geographic location of the subject
property and the related uses of properties in the immediate
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area of the subject property, particular and undue hardships
would result if the strict letter of the regulations were
carried out if GREGORY A. DIERKES D/B/A WHATE'S TAIL was not
allowed a variation as requested for the building alteration
for use as a solarium dining area.
(b) The conditions upon which the Petition for
Variation is based are unique and would not be applicable
generally to other properties within the same zoning
classification.
(c) The purpose of the variation is not based ex-
clusively upon a desire to make more money out of the
property although the Petitioner hopes that if the variation
is granted the additional variation will be economically
profitable as well as provide services to the community.
(d) That the difficulty or hardship has not been
created by any person presently having an interest in the
property.
(e) The granting of the variation will not be materially
detrimental to the public welfare or injurious to other
property for 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 danger of fire or endanger the public safety or
substantially diminish or impair property values within
the neighborhood.
SECTION 2. As a result of the foregoing findings, the
City Council hereby concludes that enforcement of said
Zoning Ordinance prohibiting the subject property from being
altered or modified would impose a practical difficulty and
hardship on GREGORY A. DIERKES D/B/A WHALE'S TAIL which was
not intended and which is not common to other property
owners in the area.
SECTION 3. The application of the Amended Zoning
Ordinance of the City of McHenry, is hereby varied to
permit GREGORY A. DIERKES D/B/A WHALE'S TAIL to improve,
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alter and modify the subject property for the construction
of a solarium dining area and its related uses in ac-
cordance with the plans and specifications attached to,
submitted with and made a part of the Petition For Variation
submitted in this matter by Gregory A. Dierkes; to wit;
the construction of a concrete wall upon and upwards from
the existing foundation immediately adjacent to the front
sidewalk.
The property to which this variation is applicable is
located at 3425 West Pearl Street, and is a rectangular
parcel with approximate dimensions of 50 feet by 132 feet
with approximately 50 feet of frontage on Pearl Street and
132 feet of frontage on Green Street.
Said property is legally described as follows:
The Westerly 50 f eet of Lots 2 and
3 in Block 21 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, ac-
cording to the Plat thereof recorded
July 6, 1840 in Book B of Deeds,
page 160, in McHenry County, Illinois.
SECTION 4. That all ordinances or parts thereof in
conflict herewith be and the same are hereby repealed.
SECTION 5. This Ordinance shall be in full force
and effect from and after its passage, approval and
publication pursuant to laws.
PASSED this 30th day of April , 1984.
AYES: Nolan, Bolger, Datz, Busse, Smith, McClatchey, Serritella, Snell
NAYES: None
ABSENT: None
Approved this 30th
Ma or, City of McHenry
Attest:
City Clerk
City of McHenry 3