HomeMy WebLinkAboutOrdinances - O-90-522 - 01/03/1990 - GRANT VARIATION OVERTON TO CONSTRUCT HOUSE1602 N. Riverside Dr.
ORDINANCE NO. 0-90-522
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON
WHEREAS, a written Petition on behalf of PAUL R. OVERTON, Fee Owner, 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 5 in Block 6 of 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 Principal Meridian, according to the
Plat thereof recorded July 6, 1840 in Book B of Deeds, Page
160, in McHenry County, Illinois, and,
WHEREAS, said Petitioner is requesting a variation to permit the
construction of a house on the subject premises, said house to be located
directly on the Westerly property line of the subject premises, with said
construction requiring a variation as to the minimum lot size, the front
setback, interior corner side yard 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 December 18, 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
unanimously 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, interior corner side yard setback, and rear yard setback, in
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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 applicant;
D. The strict application of the Ordinance would result in
unnecessary and undue hardship upon the applicant, as
distinguished from mere inconvenience;
E. The variations are necessary for the applicant 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 granting of the variation is necessary because without
a variance the applicant would be deprived of any reasonable
use or enjoyment of the property;
G. The granting of variation will not alter the essential character
of the locality nor substantially impair environmental quality,
property value, or public safety or welfare in the vicinity;
H. The granting of the variance will be in harmony with the general
purpose and intent of this Ordinance; and,
1. 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 5 in Block 6 in the original Plat of McHenry on
the West side of Fox River, McHenry County, Illinois, to permit the construction
of a house on the subject premises with a minimum lot area of approximately
3,250 square feet, with a minimum front yard depth of zero (0) feet, an
interior corner side yard setback of six (6) feet, and a minimum rear yard depth
of twenty-two (22) feet.
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 3rd day of January, 1990.
AYE: Bolger, Donahue, Lieder, McClatchey, Patterson, Serritella, Smith
NAY: Teta
ABSENT: None
ABSTAIN: None
Approved this 3rd day of January, 1990.
ATTEST:
i
The CITY OF McHENRY, ILLINOIS, a
Municipal Corporation chartered under
the Laws of the State f Illinois.
By:
Mayor
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