HomeMy WebLinkAboutOrdinances - O-90-559 - 08/15/1990 - GRANT VARIATION OLESUK 5206 W ELM STRECEIVED
AUG 09 1990
ORDINANCE NO. 0-90-559
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McHENRY, ILLINOIS, BY GRANTING A VARIATION THEREON
WHEREAS, the written Petition of FRANK D. OLESUK AND PATRICIA S.
OLESUK, has been filed with the City Clerk of the City of McHenry, Illi-
nois, requesting 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 11 in Block 1 in Lakeland Park Unit No. 3, a
Subdivision of part of the East Half of the East Half
of Section 28, Township 45 North, Range 8 East of the
Third Principal Meridian, according to the Plat thereof
recorded September 8, 1953 as Document No. 269384, in
Book 11 of Plats, page 90, in McHenry County, Illinois.
Permanent Property Index No.: 09-28-285-011.
Common Street Address: 5206 West Elm Street
McHenry, IL 60050
and,
WHEREAS, Petitioners are requesting a variation as to the Corner Side
Yard on the subject property such that they would be permitted to move the
garage (which is presently located on the subject property) such that the
garage would be attached to the present structure on the property. The
garage would be attached such that the West wall of the garage would be
placed directly in -line with the west wall of the present structure on the
property. This would result in a Corner Side Yard of approximately 20.0
feet (taking into account the width of the overhang). Moving the garage
would cause no change in the Front Yard (29 feet, as it now exists). No
change in zoning is being requested; 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 interest of the City if a Corner Side Yard variation was granted
because:
A. Special circumstances exist in this instance due to the particular
topographical configuration of the subject property resulting in a
small Corner Side Yard;
B. Said circumstances relate to the property only;
C. The special circumstances do not result from the Petitioners
actions;
D. A strict application of the provisions of the City of McHenry
Zoning Ordinance would result in unnecessary and undue hardship upon
the Petitioners;
E. The variation preserves the rights conferred by the C-5
Highway -Commercial District;
F. The granting of the variance is necessary for the use of the
property as constructed;
G. The granting of the variation would not alter the local character;
H. The granting of the variance would be consistent with the Zoning
Ordinance and Comprehensive Plan of the City; and
I. The variance approved is the minimum variance required to provide
the Petitioners with the relief they request.
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council of the City of McHenry the granting of the
Petitioners' prayer for variation; and,
WHEREAS, at the regular meeting of the City Council, the City Council
of the City of McHenry did affirm the recommendations and findings of the
Zoning Board of Appeals concerning the prayer for variation as filed by the
Petitioners.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, Illinois, as follows: That a variation is hereby granted to the
property being legally described above to permit a Corner Side Yard of
approximately 20 feet along the West boundary of the subject property such
that the Petitioners would be permitted to move the garage on -the property,
attaching it to the present structure such that the west walls of both the
present structure and the garage are directly in -line; 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.
PASSED this 15th day of August, 1990.
AYES: Bolger, Donahue, Lieder, Patterson, Serritella, Smith, Teta
NAYES: None
ABSTAINED: None
ABSENT: McClatchey
NOT VOTING: None
APPROVED this 15th day of August, 1990.
PUBLISHED: In pamphlet form
The CITY OF McHENRY, a Municipal
Corporation Chartered under the
Laws of the State of Illinois.
BY.
MAYOR
ATTEST:
Approved as to form: NARUSIS & NARUSIS, City Attorney
BY:
I