HomeMy WebLinkAboutOrdinances - O-86-407 - 10/15/1986 - GRANT VARIANCE WHISPERING OAKS CONDO ASSN MULTIPLEORDINANCE NO. 0-86-407
AN ORDINANCE VARYING THE APPLICATION OF THE PROVISIONS OF
THE ZONING ORDINANCE OF THE CITY OF McHENRY,
McHENRY COUNTY, ILLINOIS
WHEREAS, Petitioners, WHISPERING OAKS CONDOMINIUM ASSOCIATION
NUMBER ONE, c/o Northwest Property & Financial Management (Managing
Agent), 10 Virginia Road, Crystal Lake, Illinois, 60014, is the
owner of the real estate described in SECTION I; and
WHEREAS, the Zoning Board of Appeals of the City of McHenry
voted three to two with regard to granting said variations but
because a vote of five to seven was necessary, the Zoning Board
of Appeals was unable to recommend the recommendation to the City
Council;
BE IT ORDAINED by the City Council of the City of McHenry,
County of McHenry, State of Illinois:
SECTION I: That variations be and are hereby granted in
the application of the provisions of the Zoning Ordinance of the
City of McHenry and State of Illinois so as to allow the construction
of two buildings of four (4) units each on one lot, having a total
lot square foot coverage of 31,860 square feet, with architectural
similarity -to other surrounding condominium building units in the
Whispering Oaks Condominium Association Number One, with parking
- consisting of eight (8) inside garage stalls and eight (8) exterior
parking places, and a side lot reduction to a five foot variation
on the west side of the following described property:
Lot F, in Boone Valley Plat No. 6, being a Subdivision of part of
the Northwest Quarter of Section 34 and part of the Northeast
Quarter of Section 33, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof recorded
June 10, 1971 as Document No. 544371, in McHenry County, Illinois.
SECTION II:
That this Ordinance is passed upon the findings
of the City Council of the City of McHenry and State of Illinois,
that the proposed variations will not:
(a) The particular physical surroundings, shapes, or
topographical 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,
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 property;
(d) The alleged 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 or improvements in the neighborhood in which
the property is located; and
(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 substantially diminish or impair property
values within the neighborhood.
SECTION III: That this Ordinance is passed upon the finding
of the City Council of the City of McHenry, County of McHenry,
State of Illinois, that unless there are variations granted in
the application of the provisions of the Zoning Ordinance of
the City of McHenry to the subject property as requested, there will
be placed upon the owners practical hardships and difficulties
not common to others in the area.
SECTION IV: That the Building Commissioner is directed to
issue to the Petitioner, its executors, grantees, heirs, successors
or assigns such permit or permits for the desired improvements
as may properly be applied for.
SECTION V: That all Ordinances or parts thereof in conflict
herewith be,, and the same are repealed.
SECTION VI: That this Ordinance shall be in effect from
and after its passage and approval according to law.
CITY OF McHENRY
'/' VJ&Z, �
V,
By: I
Its M yor
ATTEST:
PASSED: October 15, 1986
APPROVED: October 15, 1986
NUMBER VOTING AYE: 8
NUMBER VOTING NAY: 0
NUMBER ABSTAINING:
NUMBER ABSENT: 0
APPROVED AS TO FORM:
City Attorney