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HomeMy WebLinkAboutOrdinances - O-89-492 - 03/01/1989 - GRANT VARIATION DON AND VIVIAN HOWARD ON RIVERSIDERECEIVED ORDINANCE NO. 0-8Q-492 �- Ft3 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE A�&�TT CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THE(1�U�lY OF WHENRY WHEREAS, a written Petition signed by DONALD C. HOWARD and VIVIAN I. HOWARD 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: Lot 4 in Block 7 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, and, WHEREAS, said Petitioners are requesting a variation to permit the removal of the existing single-family residence and the construction of a new house on the subject premises, said house to be located one foot east of the westerly property line of the subject premises, with said construc- tion 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 February 20, 1989, 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 1 in the Original Plat of McHenry on the West side of Fox River, McHenry County, Illinois, to permit the removal of the existing single-family residence and construct a new house on the subject premises with a minimum lot area of approximately 4,042 square feet, with said new residence to be located one foot east of the westerly property line of the subject premises and extending fifty-five (55) feet east, toward the Fox River, making the front of the home setback approximately twenty-five (25) feet from the curbline of Riverside Drive and in line with the existing homes on the East side of Riverside Drive, but that even with these variations, the subject property owners will still be required to comply with all floodplain requirements as to new construc- tion. Prior to construction of a new residence, owners shall be allowed to demolish the existing home, yet allow the garage to remain standing in that owners are the owners of the abutting 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: Gary Lieder Frank McClatchey Elizabeth Nolan -2- Voting AYE, continued: Randy Patterson Voting NAY: Cecilia Serritella Raymond Smith Michael Teta None ABSENT: William Bolger PASSED: March 1, 1989 APPROVED: March 1, 1989 PUBLISHED: Pamphlet form -3- The CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of the State of Illinois. BY:z W�- A.= 4. YIA — IL MAYOR ATTEST: ity er Approved as to form: NARUSIS & NARUSIS, City Attorney BY: -4-