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HomeMy WebLinkAboutOrdinances - O-89-515 - 10/04/1989 - GRANT VARIANCE LORI NELSON 5009 CAMBRIDGE DRORDINANCE NO. 0-89-515 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHFNRY, ILLINOIS, BY GRANTING A VARIATION THEREON WHEREAS, a written Petition signed by Michael D. and Lori A. Nelson 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= The subject property is located at 6009 Cambridge, McHenry, Illinois 60050, LOT 1 IN BLOCK 43 IN BOONE VALLEY PLAT NO. 10, BEING A SUBDIVISION IN SECTIONS 33 AND 34, TOWNSHIP 45 NORTH, RANGE S EAST ON THE THIRD PRINCIPAL MERTDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 11, 1977, A:. DOCUMENT NO. 694307, IN McHENRY, COUNTY, ILLINOIS and , WHEREAS, said Petitioners are requesting that a variation be granted to allow the existing deck, pool, and fireplace to remain on the subject property for the lifetime of those structures. WHEREAS, a hearing was had before the City of M(:Henry Zoning Board of Appeals on the 11th of September, 1989, at wh)ch time the Zoning Board of Appeals d.io t.alKe 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, WHERFAS, banod on the evidence heard, the Zoning Heard 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 the existing deck, pool, and fireplace to remain in place even though they are in viol at.Ion of Setback requirements for the RS• 3 zoning d •i st. r l rt , in that A. Special circumstances exist, peculiar to the subject property, which do not apply to other propert, i uB in the same zoning district; B. That the special. circumstan(.-es 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 unnecessary 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 character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity; If. The granting of a variance will be in harmony with the gentera l purpose and intent of this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the CJ ty Council of tho City of McHenry, Illinois, as follows: - 2 - SECTION 1' That a variation is given to the proporty being legally described above, that is, 5009 Cambridge Drive, Mcllenry, Illinois 60050, LOT 1 IN BLOCK 43 IN BOONE VALLEY PLAT NO. 10, BEING A SUBDIVISION IN SECTIONS 33 AND 34, TOWNSHIP 45 NORTH, RANGE 8 EAST ON THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RXCORDF.D MAY 11, 1977, AS DOCUMENT NO. 694307, IN McHE:NRY, COUNTY, ILL1NOIS. Plat, of McHenry on the West side of the Fox River, McHenry County, Illinois, to permit the existing deck, pool, and fireplace to remain on the subject property for the lifetime of those structures as shown on Exhibit A here attached: that the exact points of variation requested are as follows' Point "A": Wood Walkway at its farthest point is three (3) feet beyond the building line; Point "B" : Brick fireplace at its farthest point is twenty-three (23) feet beyond the building lino; Paint "C" : Wood deck at its farthest point its twenty ( 20 ) feet beyond the building line; Point "D": Above ground pool at its farthest point is twenty (20) feet beyond the building line. SECTION 2: All. ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict.. SECTION 3: This ordinance shall be publishod in pamphlet form by and under the authority of the corporate autborities of the City of McHenry, Illinois_ SECTION 4: This ordinance shall be in full ford: and effect from and after its passage, approval and publication as provided by law. PASSED this Fourth day of October, 1969. AYES, Bolger, Lieder,. Donahue, McClatchey, Patterson, Serritella, Smith, Teta NAYS= None ABSENT - None NOT VOTING: None ABSTAINED: None APPROVED this Fourth day of Oo be 1.9p d ATTEST: Ma or City Clerk - 3 - SITE PLAN TAKEN FROM SURVEY No. 09-34-356-002 5009 W. CAMBRIDGE DRIVE„ MCHENRY, ILLINOIS 60050 VARIANCE DESCRIPTION POINT "A": WOOD WALKWAY AT ITS FARTHEST POINT IS THREE (3) FEET BEYOND THE BUILDING LINE. POINT "B": BRICK FIREPLACE AT ITS FARTHEST POINT IS TWENTY—THREE (23) FEET BEYOND THE BUILDINC LINE. POINT "C": WOOD DECK AT ITS FARTHEST POINT IS TWENTY (20) FEET BEYOND THE BUILDING LINE. POINT "D": ABOVE GROUND POOL AT ITS FARTHEST POINT IS TWFNTY (20) FEET BF-YOND THE BUILDING DINE. BUILDING LINE 5009 CAMBR7DGE DR. McHENRY, IL 60050 I TO 2 STORY F'RAMF. RESIDENCE WITH POINT "A" WOOD DECK FIREPLA POINT " P� 1. PINT POINT " SUBJECT OF SITE PLAN: MINOR VARIANCE FOR DECY, POOL AND FIREPLACE. DECK, POOL AND FIREPLA(:F ARE OVER THE BUILDII LINE. EXHIBIT 'A"