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HomeMy WebLinkAboutOrdinances - O-87-435 - 09/16/1987 - AMEND ZONING GRANT VARIATION WAYNE AND CHARLENE KRORDINANCE NO. 0-87-435 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 TRUST NO. 1144 and WAYNE C. KRAUS and CHARLENE KRAUS, Contract Purchasers, 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: and, Lot 4 in Block 6 in the Original Plat of McHenry on the West side of Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North, Range 8 East of the Third Princi- pal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois, WHEREAS, Petitioner, the McHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 1144, is the Owner of the above described premises and WAYNE C. KRAUS and CHARLENE KRAUS have entered into a Contract to purchase the subject premises, contingent upon a variation so that a house could be constructed on the subject premises, and, WHEREAS, said Petitioners are requesting a variation to permit the con- struction of a house on the subject premises, said house to be located di- rectly on the westerly property line of the subject premises, with said construction requiring a variation as to the minimum lot size, the front setback, as well as the rear yard setback, all as required by the City of McHenry Zoning Ordinance, and, WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on August 24, 1987, 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 variations were granted for minimum lot size, front setback, and rear yard setback, in that: A. Special circumstances exist, peculiar to the subject property, which do not apply generally to other properties in the same zoning district; B. That the special circumstances referenced herein relate only to the physical character of the land, such as dimensions; C. That the special circumstances have not resulted from any act of the applicants; D. The strict application of the Ordinance would result in unneces- sary and undue hardship upon the applicants, as distinguished from mere inconvenience; E. The variations are necessary for the applicants to preserve and enjoy a substantial property right, and does not confer a special privilege ordinarily denied to other properties in the zoning district; F. The grant of a variation is necessary because without a variance the applicants will be deprived of any reasonable use or enjoyment of the property; G. The granting of the variation will not alter the essential charac- ter 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, I. The variation recommended is the minimum required so that a house, consistent with the character of the neighborhood, may be built on the premises. 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, Lot 4 in Block 6 in the Original Plat of McHenry on the West side of Fox River, McHenry County, Illinois, to permit the construction of a house on the subject premises with a minimum lot area of approximately 3,316 square feet, with a minimum front yard depth of zero (0) feet and a minimum rear yard depth of nine (9) feet. Such a variation would allow the construction of a house directly on the front (westerly) lot line of the subject premises with the rear (easterly) side of the house to be constructed as close as nine (9) feet to the sea- wall existing on the subject premises at the Fox River, 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: William Bolger Gary Lieder Frank McClatchey -2- Voting AYE, continued: Liz Nolan Randy Patterson Cecilia Serritella Ray Smith Voting NAY: Michael Teta ABSENT: None PASSED: September 16, 1987 APPROVED: September 16, 1987 PUBLISHED: pamphlet form -3- The CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of the State of Illinois. MAYOR ATTEST: Approved as to form: NARUSIS & NARUSIS, City Attorney BY: Q1Z