HomeMy WebLinkAboutOrdinances - O-87-420 - 04/27/1987 - GRANT VARIATION WIRFS WELDING ON MAIN STORDINANCE NO. 0-87-420
AN ORDINANCE OF THE CITY OF MCHENRY,
ILLINOIS, GRANTING A VARIATION
WHEREAS, a written Petition signed by TIMOTHY WIRFS has been
filed with the City Clerk of the City of McHenry, Illinois requesting a
variation as to the side yard width and front yard depth requirements under
the provisions of the Zoning Ordinance of the City of McHenry, concerning
the following described premises:
and,
A parcel of land located in the Southeast Quarter of the
Southeast Quarter of Section 27, Township 45 North, Range
8, East of the Third Principal Meridian described as follows:
Commencing on the East line of said Section at a point 120.6
feet: North from the Southeast corner thereof; thence North-
westerly along the Southerly boundary of a certain tract
of land conveyed to Floyd E. Covalt and Wife, dated March 12,
1917, recorded as Document # 38189 in Book 151 of Deeds, page
19, being on a line forming an angle of 71 degrees, 28 minutes
to the left, with a prolongation of the last described line,
for a distance of 132 feet to a point for a place of beginning;
thence Northeasterly along the Westerly line of said tract of
land conveyed as aforesaid, being on a line forming an angle of
92 degrees, 12 minutes to the right with a prolongation of the
last described line, for a distance of 176 feet to an
intersection with the Southerly line of Main Street; thence
Westerly along the Southerly line of Main Street, being on a
line forming an angle of 91 degrees, 36 minutes to the left,
with a prolongation of the last described line, for a distance
of 60.02 feet to a point; thence Southwesterly on a line
forming an angle of 88 degrees, 24 minutes to the left with a
prolongation of the last described line, for a distance of
160.7 feet to a point; thence Southeasterly on a line forming
an angle of 61 degrees, 37 minutes to the left with a
prolongation of the last described line, for a distance of
31.1 feet to a point; thence Southeasterly on a line forming
an angle of 30 degrees, 35 minutes to the left, with a
prolongation of the last described line, a distance of 32.6
feet to the place of beginning and containing 0.237 of an
acre of land, more or less, in McHenry County, Illinois.
WHEREAS, Petitioner, TIMOTHY WIRFS, is the owner of the above
described premises, and,
WHEREAS, Petitioner, TIMOTHY WIRFS, is requesting a variation
from the "I-l" Industrial District Classification permitting a minimum side
yard width of not less than five feet on the east side yard and permitting
a minimum front yard depth of not less than 25 feet for the structure
located at the above described premises, and,
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on the 9th day of April, 1987, at which time the said
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, and the City Council hereby concurs with said findings, that
it would serve the interest of the City if side yard and front yard
variations were granted because:
a) Special circumstances exist that are peculiar to the
property that do not apply generally to other properites in this zoning
district. And these circumstances are not of so general or recurrent
nature as to make it reasonably practical to provide a general regulation
to cover them;
b) The special circumstances referenced herein relate to the
physical character of the building and the dimensions of the land. 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 property;
c) 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;
d) The strict application of the provisions of this Ordinance
would result in unnecessary and undue hardship upon the applicant, as
distinguished from mere inconvenience;
e) 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;
f) The grant of a variance is necessary not because it will
increase the applicant's economic return, although it may have this effect,
but because without a variance the applicant will be deprived of any
reasonable use or enjoyment of the property;
g) 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 vicinity;
h) The granting of a variance will be in harmony with the
general purpose and intent of this Ordinance and of the Comprehensive Plan
of the City, as viewed in light of any changed conditions since their
adoption;
i) The variance, if recommended by the Board of Appeals and
approved by the City Council, is the minimum required to provide the
applicant with reasonable use and enjoyment of his property.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of McHenry, Illinois, that variations be given to the property legally
described above in the City of McHenry, Illinois to permit and establish an
easterly side yard width of not less than five feet and a front yard depth
of not less than 25 feet for the structure on the premises described above,
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,.
Passed this 27th day of April, 1987
Voting AYE: JJoL9pr Iip Pr, Mc latchPy, Wan. SPrritPlla, Smith, Snell, TPta
Voting NAY: Nnnp
ABSENT: Nnnp
APPROVED this 27th day of April, 1987.
ATTEST: `
City (�� " 7L-1
Clerk
CITY OF McHENRY,
an I1,1 nois Munici 1 orporation
By•
YOR
Approved as to form: NARUSIS & NARUSIS, City Attorney
By: