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HomeMy WebLinkAboutOrdinances - O-88-484 - 11/02/1988 - GRANT VARIANCE HULT CHIROPRACTIC OFFICEORDINANCE NO. 0-88-484 AN ORDINANCE AMENDING TIE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON WHEREAS, the written Petition )If THE STATE BANK OF WOODSTOCK UNDER THE PROVISIONS OF A TRUST AGREEMENT DAZED MAY 5, 1976, AND KNOWN AS TRUST NO. 2231, 101 South Benton Street, Woodstock, Illinois 60098; JAMES E. HOOPER, 306 North Front Street, McHenry, Illinois 60050; FREDERICK E. HULT AND KAREN A. HULT, 3808 Millstream, McHenry, Illinois 60050 (hereinafter re- ferred to as "Petitioners"), has beer, filed with the City Clerk of the City of McHenry, Illinois, requesting the !,ezoning and the granting of a varia- tion, under the provisions of the Zord ng Ordinance of the City of McHenry, and such Ordinance as amended, concerning the following described premises: The North 155.0 feet of the West 255.0 feet of part of the Southwest Quarter of the Southwest Quarter of Sec- tion 35, described as follows: Beginning at the North- east corner of said Southwest Quarter of the Southwest Quarter and running thence South along the East line of said Southwest Quarter of the Southwest Quarter, 382.7 feet; thence West parallel with the North line of said Southwest Quarter of the Southwest Quarter 564.24 feet to the East line of U. S. Route 12; thence North along the East line of said U. S. Route No. 12, to the North line of said Southwest Quarter of the Southwest Quar- ter; thence East along the North line of said Southwest Quarter to the place of beginning, all in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. and, WHEREAS, Petitioner, THE STATE BANK OF WOODSTOCK UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED MAY 5, 1976, AND KNOWN AS TRUST NO. 2231, is the Owner of the above described premises and JAMES E. HOOPER is the sole bene- ficial owner of said Trust; and, WHEREAS, Petitioners are requesting that the classification of the above described property be changed from "RS-3" MEDIUM -HIGH -DENSITY SINGLE- FAMILY RESIDENTIAL to "C-3" COMMUNITY -COMMERCIAL zoning; and, WHEREAS, Petitioners are requesting variations from the side lot and rear lot requirements of the "C-3" COMMUNITY -COMMERCIAL zoning district, such that a side yard would be provided on the subject property, extending from the front (West end) of the existing building Easterly to a point which is 30 feet from the rear lot line of the subject property and 14.05 feet North of the South line of the subject property. This will therefore provide a side yard of 14.05 feet along said portion of the Southerly boundary of the subject property. A rear yard variation, relating solely to the area occupied by the present structure (garage) to the rear of the subject property (to the East) would provide for a rear yard of 13.0 feet such that the structure, or any replacement thereof, would be allowed to occupy the area presently occupied by the existing structure at the rear of the subject property; and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that there was no overriding reason for not granting a change in zoning classification; and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found that it would serve the interests of the City if a side yard and rear yard variation were granted because: 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 C-3 Community -Commercial; 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. WHEREAS, as a result of said hearing, the Zoning Board of Appeals did recommend to the City Council of the City of McHenry the granting of the Petitioners' prayer for both rezoning and variation; and, WHEREAS, at the regular meeting of the City Council held on November 2, 1988, the Council did elect to consider the requests of the Petitioners; and, WHEREAS, as a result of such consideration, the City Council of the City of McHenry did affirm the recommendation of the Zoning Board of Appeals of the City of McHenry concerning the prayer for variation and re- zoning as filed by the Petitioners; and WHEREAS, the Aldermen voting to accept the recommendation of the Zoning Board of Appeals concerning the subject Pe';ition did find the facts to be sufficient to support the contentions as stated in the Petition; and, WHEREAS, the said Aldermen did find that the side -yard variation requested met the standards for variation under the Zoning Ordinance of the City of McHenry and such Ordinance as amended, as applied to the Petitioners, namely: 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 C-3 Community -Commercial; 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 the property described above, being located within the City of McHenry, Illinois, be and is hereby reclassified as "C-3" COMMUNITY -COMMERCIAL zoning district; and, BE IT FURTHER ORDAINED that a variation be given to the property being legally described above to permit a side yard of 14.05 feet along the Southerly boundary of the subject property, said side yard extending from the front (West end) of the building existing on the subject property and extending to the East therefrom to a point being 30 feet from the rear lot line of the subject property; 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 Serritella Vo,:ing NAY: None ABSENT: None PASSED: November 2, 1988 APPROVED: November 2, 1988 PUBLISHED: In pamphlet form The CITY OF McHENRY, a Municipal Corporation Chartered under the Laws of the State of Illinois. BY iN WILLIAM J. BUt, MAYOR ATTEST: BARBARA IL IN, I R Approved as to form: NARUSIS & NARUSIS, City Attorney BY: