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HomeMy WebLinkAboutOrdinances - O-86-408 - 11/12/1986 - GRANTING VARIANCE ANN MILLER FOR GARAGE SETBACKORDINANCE N0.0-86-408 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON WHEREAS, a written Petition signed by the McHENRY STATE BANK, AS TRUSTEE UNDER THE ANN C. MILLER REVOCABLE LIVING TRUST, 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 Northerly Half of Lot 7 in Block 2 of the Original Plat of the Village of West McHenry, said Plat filed for record June 14, A.D. 1859, and recorded in the Recorder's Office of McHenry County, State of Illinois, in Book 24 of Deed Records, page 291. said Block 2 being located in and being a part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, situated in the City of McHenry, McHenry County, Illinois, and, WHEREAS, Petitioner, the McHENRY STATE BANK, AS TRUSTEE UNDER THE ANN C. MILLER REVOCABLE LIVING TRUST, is the Owner of the above described premises, and, WHEREAS, said Owner is requesting a variation to permit the construc- tion of a garage on the east side of the subject premises, said garage to be located 3.6 feet west of the easterly property line, said construction requiring a variation as to the side yard requirements of the City of McHenry Zoning Ordinance, and, WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on October 30, 1986, at which time the Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioner, and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting the requested zoning variation, and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interests of the City if a side yard variation were granted in that: A. The variation will be in harmony with the general purposes and intent of the Zoning Ordinance; B. There is a practical difficulty or particular hardship if the strict letter of the Zoning Ordinance were carried out, in that Petitioner would be unable to construct an attached two -car garage on the subject: premises; C. The particular physical surroundings, shapes, or topographical condition of the specific property involved would result in a par- ticular hardship upon the owner, as distinguished from a mere incon- venience, if the strict letter of the regulations were carried out; D. 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; E. The purpose of the variation is not based exclusively upon a desire to make more money out of the property; F. The alleged difficulty or hardship has not been created by any person presently having an interest in the property; G. 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 H. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantiialy 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. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: That a variation is given to the property being legally described above, that is, the the northerly half of Lot 7 in Block 2 of the Original Plat of the Village of West McHenry, Illinois, to permit the construction of a garage 3.6 feet west of the easterly property line of the subject premises, 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: Bolger Lieder McClatchey Nolan Smith Snell Teta -2- Voting NAY: None ABSENT: Serritella PASSED: November 12, 1986 APPROVED: November 12, 1986 PUBLISHED: in pamphlet form The CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of the State of llinois. BY. Approved as to form: NARUSIS & NARUSIS, City Attorney BY: me]: