HomeMy WebLinkAboutOrdinances - O-89-513 - 09/20/1989 - GRANT VARIATION LARRY AND JOAN FREUND 714 COUNTRYe
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ORDINANCE NO. 0-89-513
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON
WHEREAS, a written Petition signed by ROY SPERLOZZ, AS OWNER and LARRY M.
FREUND and JOAN M. FREUND, Contract Purchasers, has been filed with the City
Clerk of the City of McHenry, Illinois, requesting the granting of a minor
variation under the provisions of the Zoning Ordinance of the City of McHenry,
and such Ordinance as amended, concerning the following described premises:
Lot 45 in Owen & Allen's 1st addition to McHenry, according to the
Plat thereof recorded in the Recorder's Office in Book 4 of the
Plats, pages 54 & 55 and being a Subdivision of Part of the North
West Quarter of Section 36, Township 45 North, Range 8 East of the
Third Principal Meridian, in McHenry County, Illinois.
WHEREAS, Petitioner, ROY SPERLOZZ is the Owner of the above described
premises and LARRY M. FREUND and JOAN M. FREUND have entered into a Contract to
purchase the subject premises contingent upon a variation so that a house could
be constructed on the subject premises; and,
WHEREAS, the above described premises were automatically zoned RS-Y,
Single Family Residential District Classification, upon their annexation to the
City, pursuant to the terms and provisions of Article III, Paragraph D of the
Zoning Ordinance of the City; and,
WHEREAS, said Petitioners are requesting a variation to permit a corner
sideyard setback of 9 feet and a frontyard setback of 12 feet in keeping in line
with the existing residences to the North and South of the subject property to
be granted; and that the Approval Criteria for Variances as found on pages 376-
377 of the Zoning Ordinance have been met; and,
WHEREAS, a hearing was had before the City of McHenry Zoning Board of
Appeals on September 11, 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 the variations were granted for minimum lot size, front setback,
and rear 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. 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;
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D. 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;
E. The granting of the variation will not alter the essential
character of the locality nor substantially impair environmental
quality, property values, or public safety or welfare in the
vicinity;
F. The granting of a variance will be in harmony with the general
purpose and intent of this Ordinance; and,
G. The variation recommended is the minimum required so that a
house, consistent with the character of the neighborhood, may be
built upon the premises.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry,
Illinois, as follows: That a variation is hereby granted to permit a corner
sideyard building setback of 9 feet and a frontyard building setback of 12 feet
on the above described premises in keeping in line with the existing residences
to the North and South of the subject property be granted; and that the Approved
Criteria for Variances as found on pages 376-377 of the Zoning Ordinances have
been met.
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.
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PASSED THIS 20th DAY OF September , 1989.
AYES: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith, Teta
NAYS: None
ABSTAINED: Nnne
ABSENT: None
NOT VOTING: None
APPROVED THIS 20th DAY OF September , 1989.
IF
OR
ATTEST:
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