HomeMy WebLinkAboutOrdinances - O-88-444 - 02/24/1988 - GRANT MINOR VARIANCE FRED SCHLACK 6220 OJIBWAORDINANCE NO. 0-88-444
AN ORDINANCE OF THE CITY OF McHENRY, ILLINOIS
GRANTING A MINOR VARIANCE
WHEREAS: a written Petition signed by FREDERICK J. SCHLACK
has beer► filed with the City Clerk of the City of McHenry, Illinois,
requesting a Minor Variance as to the rear yard requirements under
the provisions of the Zoning Ordinance of the City of McHenry,
concerning 6220 Ojibwa, legally described as follows:
Lot 11, Block 1 in Woodcreek Unit One, being a subdivision of
part of Section 29, Township 45 North, Range 8 East of the Third
Principal Meridian, according to the Plat thereof recorded in the
Recorder's office of McHenry County, Illinois on October 19, 1978
as Document No. 750026 and recorded on November 17, 1978 as
Document No. 753025 in McHenry County, Illinois.
and,
WHEREAS: Petitioner, FREDERICK J. SCHLACK, is the 100%
beneficial owner of the above described property; and
WHEREAS: Petitioner is requesting a variation from the Low
Density Single Family Residential Zoning (RS-1) Classification to
permit the construction of an addition to the existing single family
home, which addition would on the NE side at a point come to within
five (5) feet. of the northern (rear) lot line; and
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WHEREAS: a Hearing was held before the City of McHenry
Zoning Board of Appeals on the 8th day of February, 1988, at which
time the said Zoning Board of Appeals did take evidence and view
exhibits presented 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 said rear
yard variance was granted because:
a) Special circumstances exist that are peculiar to the
property that do not apply generally to other properties 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 topography and
dimensions of the land. They do not concern any business or
activity the present owner carries on, or seeks to carry on therein,
nor to the personal, business or financial circumstances of such
owner or any other party in interest in the property;
c) The special circumstances that are the basis for a
variance have riot 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
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Ordinance would result in unnecessary and undue hardship upon the
applicant, as distinguished from mere inconvenience;
e) A variation 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 variation is necessary not because it
will increase the applicant's economic return, although it may have
this effect, but because without a variation 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 variation 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 variation, recommended by the Zoning Board of
Appeals, and if approved by the City Council, is the minimum
required to provide the applicant with reasonable use and enjoyment
of his property.
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NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of McHenry, Illinois, that a variation is hereby granted to the
property legally described hereinabove in the City of McHenry,
Illinois to permit the construction of an addition to the existing
residence thereon to within five (5) of the rear lot line as depicted
on the attached Exhibit A, 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 24th day of February , 1988
Voting AYE: Bolger, Nolan, Teta, Smith, Patterson, Serritella.
Voting NAY:
None.
ABSENT: Lieder, McClatchey.
APPROVED this 24th
ATTEST:�
APPROVED AS TO FORM:
day of
February , 1988
CITY OF McHENRY
an IlliaoLs, Mu is
AYOR
Corporation
NARUSIS & NARUSIS, City Attorney
By:
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