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HomeMy WebLinkAboutOrdinances - O-89-520 - 12/11/1989 - AMEND ZONING BY GRANTING VARIANCE VACANT LOT ON THORDINANCE NO. 0 89-520 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON WHEREAS, your Petitioner, McHENRY STATE BANK, AS TRUSTEE UNDER TRUST NO. 93-3408-00-07, RON BYKOWSKI as the Director of the CENTURY 21/CARE REAL ESTATE, INC. PENSION AND PROFIT SHARING PLAN, has filed a Petition with the Zoning Board of Appeals of the City of McHenry requesting a Variation of the Zoning Ordinance of the City of McHenry, and of such Ordinance as amend- ed, as well as the issuance of a Conditional Use Permit, in regard to the following described real estate: Part of the Southwest Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, described as fol- lows: Beginning at the Northeast Corner of Lot 1 of E.M. Owen's Estate Addition to West McHenry, according to the Plat thereof recorded January 31, 1893, as Document No. 9232, in Book 1 of Plats, page 39; thence Westerly along the Northerly lines of Lots 1 and 2 of said Addition, 132 feet to the Northeast corner of Lots 3 of said Addition; thence North 15 degrees and 51 minutes East along the Easterly line of said Lot 3 extended 66 feet; thence South 71 degrees 18 minutes East parallel with the North- erly line of Waukegan Street, 132 feet more or less, to the North- west corner of a certain parcel of land deeded by Lydia E. Owen, et al., to Jennie B. Owen by Deed Record Book 91 page 239; thence Southerly along the Westerly line of said parcel of land 58.4 feet to the place of beginning, in McHenry County, Illinois. Permanent Property Index No.: 09-26-380-004. Commonly known as: Vacant lot, Third Street, McHenry, Illinois 60050; and, WHEREAS, the Petition requests: (a) the issuance of a Conditional Use Permit so that the dwelling to be placed on the subject property can be used as two separate dwelling units; and (b) Variation to permit the place- ment of the dwelling on the subject premises, said dwelling to be located 12 feet North of the Southerly property line of the subject premises, with said placement requiring a variation as to the South sideyard, as required by the City of McHend°y Zoning Ordinance; and, WHEREAS, a hearing was had before the City of McHenry Zoning Board of Appeals on December 4, 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 Conditional Use or 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 Conditional Use were granted in that: A. The approval criteria for conditional uses as found in Table 31 on Page 357 of the current City of McHenry Zoning Ordinance have been met, in that, the Conditional Use on the subject property is in har- mony with the surrounding area. There will be no adverse impact of types or volume of traffic flow as a result of the Conditional Use. There will be no adverse effect of noise, glare, odor, dust, waste disposal, blockage of light or air, or any other adverse environmental effects as a result of the Conditional Use. The Conditional Use will not require existing community services or facilities to a degree disproportionate to that expected in the district, nor generate dispro- portionate demand for new services or facilities as to place undue burdens upon development in the area. The Conditional Use will not be detrimental to the safety or health of employees, patrons, or visitors associated with the use nor of the general public in the vicinity. WHEREFORE, based on the evidence heard, the Zoning Board of Appeals found, and the City Council concurs in that finding, that it would serve the interest of the City if a Variation were granted as to the South side - yard, in that: A. The approval criteria for Variation as found in Table 32 on Page 376 of the current City of McHenry Zoning Ordinance have been met, in that, there are special circumstances associated with the subject prop- erty that are not found on other properties in this zoning district. The special circumstances associated with the subject property relate specifically to the physical character of the land and the dwelling unit which is to be placed on it. The special circumstances do not involve any business or activity the present or prospective owner carries on or seeks to carry on. Additionally, this Variance would not confer a special priviledge on the subject property but rather is necessary for the applicant to enjoy the property rights possessed by other properties in the area. The granting of a Variance is necessary not because it will increase the applicant's economic return, but be- cause without a Variance the applicant will be deprived of any reason- able use or enjoyment of the property. The denial of this proposed Variance would result in unnecessary and undue hardship upon the appli- cant. Furthermore, the granting of this Variance will in no way alter the essential character of the locality nor substantially impair the environmental quality, property values, or public safety or welfare in the vicinity. The granting of this Variance is in harmony with the general purpose and intent of this Ordinance and of the Comprehensive Plan of the City of McHenry. The Variance recommended by the Board of Appeals and to be approved by the McHenry City Council is the minimum required to provide the applicant with the reasonable use and enjoy- ment of the property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: That a Conditional Use and Variation are granted to the property being legally described above, to permit the place- ment of a two dwelling unit structure on the subject premises, with a mini- mum South sideyard of 12 feet. The present zoning on the subject premises, C-5 Highway Commercial, will remain; 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: William Bolger Toni Donahue Gary Lieder Frank McClatchey Randy Patterson Cecilia Serritella Raymond Smith Michael Teta Voting NAY: None ABSENT: None PASSED: December 11, 1989 APPROVED: December 11, 1989 PUBLISHED: pamphlet form The CITY OF McHENRY, ILLINOIS, a Municipal Corporation chartered under the Laws of the State of Illinois. BY: A ATTEST: i y er Approved as to form: NARUSIS & NARUSIS, City Attorney BY: