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HomeMy WebLinkAboutOrdinances - O-87-419 - 04/15/1987 - GRANT VARIANCE OVERTONS ON RIVERSIDE DR0-87-419 AN ORDINANCE GRANTING A VARIANCE OF THE ZONING ORDINANCE OF THE CITY OF MCHENRY. ILLINOIS WHEREAS, a written Petition signed by Paul R. Overton and Mary Delores Overton, has beeri'filed with the City Clerk of the City of McHenry, Illinois, requesting the granting of a variance from the provisions of the Zoning Ordinance of the City of McHenry, and such Ordinance as amended, concerning the property legally described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the Applicants, Paul R. Overton and Mary Delores Overton, are the sole fee simple owners of the property described in Exhibit "A"; and WHEREAS, the Applicants are requesting a variance from Article V, Table 6 of said Ordinance to allow: 1. A front yard depth of two (2) feet; 2. A corner side yard with of one (1) foot; and 3. Waiver of an interior side yard with; and WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals on Thursday, March 26, 1987, at which► time said Zoning Board of Appeals did take evidence and view exhibits presented by the Applicants; and WHEREAS, based on the evidence heard, the Zoning Board of Appeals passed a motion to recommend to the City Council, Applicants' request for a variance by a vote of 5 "ayes" and 0 "nayes", the sum and substance of said motion as follows: Be it recommended to the City Council that the City of McHenry grant the variance requested by the Applicants in their Petition at Paragraph 5, Sub -paragraphs a, b, and c, and that the applicable approval criteria for the granting of variances numbered 1 through 9 are met, and that the final height of the building when constructed be no higher than 35' from grade level at Route 120; and WHEREAS, at the regular meeting of the City of Council held on April 15, 1987, the Council did elect to consider the request of the Applicants; WHEREAS, the City Council of the City of McHenry did approve the Applicants' request for variance upon the condition that the final height of the building be no higher than 35' from grade level at Route 120, and did find that the variance requested meets the standards for variance under the Zoning Ordinance of the City of McHenry and such Ordinance as amended, as applied to the Petitioners, namely: -1- 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the pro- perty. 3. The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. 5. A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The grant of a variance is necessary not because it will increase the applicants' economic return, although it may have this effect, but because without a variance the Applicants' will be deprived of any reasonable use or enjoyment of the property. 7. The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vici- nity. 8. The granting of a variance will be in harmony with the general purpose and intent of the Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The variance recommended by the Board of Appeals and approved by the City Council is the minimum required to provide the Applicants with reasonable use and enjoyment of their property. - 2- NOW THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, as follows: SECTION ONE: that the following described variances are hereby granted to the subject premises (legally described in Exhibit "A") a. a variance of the front yard depth (Article V, Table 6) to allow a front yard depth of two (2) feet; b. a variance of the corner side yard width (Article V, Table 6) to allow a corner side yard of one (1) foot; C. a variance of the interior side yard width (Article V, Table 6) waiving an interior side yard; provided, however, that the final height of the building constructed on the sub- ject property shall not be higher than 35 feet from grade level at Route 120; and SECTION TWO: that this Ordinance shall be in full force and effect from and after passage, approval and publication in pamphlet form as provided by law. PASS$D this 15th day of April , 1987. VOTING AYE: Bolger•, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta VOTING NAY: NonE' ABSTAINED: None ABSENT: None APPROVED this 15th day of April , 1987. Approved as to form: -3- Beginning at the point in the center of Waukegan Road where the West line of Front Street and the said Waukegan Road intersect, thence North 741 degrees West, 66 feet; thence North 15 3/4 degrees East, 3 chains and 74 links to a point at the Water's Edge of the Mill Pond; thence along the Water's Edge to a post from which it is South 15 3/4 degrees West, 3 chains and 94 links to the Place of Beginning; thence South 15 3/4 degrees West, 3 chains and 94 links to the Place of Beginning, being a part of Lot 17 of the Assessor's Plat of a part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, (excepting therefrom that part thereof dedicated to the State of Illinois for highway purposes) in McHenry County, Illinois; Also commencing at the most Westerly corner of a piece of land conveyed by Lydia E. Owen and others to Matthias J. Baur and Margaret by Warranty Deed dated June 15, 1921, and recorded in the Recorder's Office in Book 165 of Deeds, Page 418; thence South 321 degrees West, being on a continuation of the Westerly boundary of said Baur property 26.2 feet; thence Southwesterly on a line forming an angle of 31 degrees and 30 minutes to the Right, with a prolongation of the last described line, 60.86 feet to a point for a Place of Beginning; thence Westerly on a line forming an angle of 41 degrees and 49 minutes to the right, with a prolongation of the last described line, 66 feet; thence Southwesterly at right angles to the last described line, 59 feet; thence Northeasterly on a line forming an angle of 131 degrees and 49 minutes to the left, with a prolongation of the last described line, 88.44 feet to the Place of Beginning, in McHenry County, Illinois. EXHIBIT "A"