HomeMy WebLinkAboutOrdinances - O-88-478 - 10/05/1988 - GRANT VARIANCE ELLICSONS FOR lOT 109 IN PHEASANT VORDINANCE NO. 0-88-478
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON
WHEREAS, a written Petition signed by JOHN W. ELLICSON and SHARON A.
ELLICSON has been filed with the City Clerk of the City of McHenry, Illi-
nois, 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:
Lot 109 in Pheasant Valley, Unit 1, being a Subdivision
of that part of the Northeast and Southeast Quarters of
Section 28, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded October 6, 1978 as Document No. 748712 in
McHenry County, Illinois,
and,
WHEREAS, Petitioners, JOHN W. ELLICSON and SHARON A. ELLICSON, are the
owners of the above -described premises, and,
WHEREAS, said owners are requesting a variation to permit the con-
tinued construction of a single-family residence on the subject premises so
as to allow a side -yard (on the east side of the subject premises) of 4.25
feet instead of the required 6.0 feet, with the resulting construction re-
quiring a variation as to the side -yard requirements of the City of McHenry
Zoning Ordinance, and,
WHEREAS, a hearing was had before the City of McHenry Zoning Board of
Appeals on September 26, 1988, at which time the Zoning Board of Appeals
did take evidence and view exhibits presented thereat by the Petitioners,
and,
WHEREAS, based on the evidence heard, the Zoning Board of Appeals did
recommend to the City Council that the Petitioners side -yard variation re-
quest be denied, and,
WHEREAS, based upon a review of the evidence and the introduction of
an Agreement between the Petitioners and the homeowner directly east of the
subject property, said Agreement being attached hereto marked "Exhibit A"
and incorporated herein by reference, the City Council did find that it
would serve the interests of the City if a side -yard variation were granted
in that:
A. Special circumstances exist in this instance due to the particular
topographical configuration of the subject property;
B. Said circumstances relate to the property only;
C. The special circumstances do not result from the Petitioners
actions;
D. A strict application of the provisions of the City of McHenry
Zoning Ordinance would result in unnecessary and undue hardship upon
the Petitioners;
E. The variation preserves the rights conferred by the RS-4
High -Density Single -Family Residential District;
F. The granting of the variance is necessary for the use of the
property as constructed;
G. The granting of the variation would not alter the local character;
H. The granting of the variance would be consistent with the Zoning
Ordinance and Comprehensive Plan of the City; and
I. The variance approved is the minimum variance required to provide
the Petitioners with the relief they request.
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 109 in Pheasant Valley Unit 1,
to permit the construction of a single-family residence 4.25 feet west of
the easterly property line of the subject premises, and;
BE IT FURTHER ORDAINED that the requirements of "Exhibit A" are incor-
porated in this Ordinance and that Petitioners are specifically required to
comply with the provisions contained in said "Exhibit A" prior to the is-
suance of the Occupancy Permit for said premises, 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: Bolger
Lieder
McClatchey
Nolan
Smith
Patterson
Teta
Serritel1a
Voting NAY: None
ABSENT: None
PASSED: October 5, 1988
APPROVED: October 5, 1988
PUBLISHED: In pamphlet form
The CITY OF McHENRY, a Municipal
Corporation Chartered under the
Laws of the State of Illinois.
BY: ajA�Iez��
LL AM J. B , MAY
ATTEST:
BAR ARA LPIN, Y R
Approved as to form: NARUSIS & NARUSIS, City Attorney
BY:
DEVELOPMENT DEPT,
OCT 0 1988
0!TY OF r' "JNRY
October 3, 1988
I (undersigned) agree to the variations requested by John W. and
Sharon A. Ellicson for the property at 5208 Springdale Lane,
McHenry, subject to the following conditions:
1. Submission of a drainage and grading plan for the site
acceptable to the City and to myself.
2. That drain tile be installed at the northeast corner of the
Ellicson's property, picking up the gutter and downspout and
carrying that water to the rear of the site (approximately 40
feet in length).
3. The Ellicsons agree to install a solid wood fence six (6)
feet high of cedar or equal, the exact style and material to he
approved by Len Herriges, to extend from the front building
line, to the rear pro erty line.
�wC
3� Date: c .
en �pr f i g e s
I agree to the preceeding conditions:
Date: 101319,k
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