HomeMy WebLinkAboutOrdinances - O-89-492 - 03/01/1989 - GRANT VARIATION DON AND VIVIAN HOWARD ON RIVERSIDERECEIVED
ORDINANCE NO. 0-8Q-492
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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
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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
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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:
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