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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 �lJ / / e h*4E 11i cson '(E-xm16iT A.11