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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: