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
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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
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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:
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