HomeMy WebLinkAboutOrdinances - O-92-598 - 04/29/1992 - GRANT USE VARIANCE SPLIT SF RESIDENCE INTO TWO DWE0-92-598
ORDINANCE ND.
AN ORDINANCE GRANTING A USE VARIANCE TO DIVIDE
AN EXISTING SINGLE FAMILY RESIDENCE INIO TWO RESIDENTIAL DWELLING UNITS
WHEREAS, a written Application on behalf of LOUISA DRAPER, fee owner, has been
filed with the City Clerk of the City of McHenry, Illinois, requesting the granting
of a use variance under the provisions of the Zoning Ordinance of the City of
McHenry, and such Ordinance as amended, concerning the following described premises:
The Northerly Half of the following described property: That
part of Lot 2, in Block 1 of the Original Plat of West McHenry
according to the Plat thereof recorded in the Recorder's Office of
McHenry County, Illinois, in Book 24 of Deeds, page 23, described as
follows: Commencing at a stake on the South side of Waukegan Road, in
the Village of West McHenry, Illinois, which stands West, 66 feet
from the Northeast corner of Lot 2 in Block ]; thence Southerly
parallel to the East line of Lot 2, to Main Street; thence Westerly
on the North line of Main Street, 4 rods; thence Northerly parallel
to the first named line to the South line of Waukegan Road; thence
Easterly along Waukegan Road, 4 rods, to the place of beginning
(excepting therefrom the East 4 feet thereof). Said above described
premises being located in and being a part_ of the Southwest Quarter
of Section 26, and the Northwest Quarter of Section 35, Township 45
North, Range 8 East of the Third Principal Meridian, in McHenry
County, I1linoi_s.
Said property is located at 3609 West Waukegan Street, McHenry,
Illinois.
WHEREAS, said Applicant is requesting a use variance to divide an existing single
family residence into two residential dwelling units, and
WHEREAS, a heaaring was had before the City of McHenry Zoning Board of Appeals on
16 March 1992, at which time the Zoning Board of Appeals dial take evidence and view
exhibits presented thereat by the Applicant, 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 use variance,
and
WHEREAS, based on the evidence heard, the Zoning Board of Appeals unanimously
found, and the City Council concurs in those findings, that it would serve the
interests of the Ci t=y if such use variance is granted to divide the existing single
family residence into two residential dwelling units, in that
1. Special circumstances exist, peculiar to the subject property,
which do not apply generally to other properties in the same
zoning district;
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2. The special circumstances referenced herein relate only to the
physical character of the building;
3. The special circumstances referenced herein have not resulted
from any act of the applicant;
4. The strict application of the Ordinance would result in
unnecessary and undue hardship upon the applicant, as
distinguished from mere inconvenience;
S. The variance is 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;
6. The grant of the variance is necessary because without a variance
the applicant would be deprived of a reasonable use and enjoyment
of the property;
7. The grant of the variance will not alter the essential character
of the locality nor substantially impair the environmental
quality, property value, or public safety or welfare in the
vicinity;
8. The grant of the variance will be in harmony with the general
purpose and intent of the Ordinance; and
9. The variance recommended is the minimum required to provide the
applicant with reasonable use and enjoyment of her property.
NOW, THEREFORE, BE IT ORDAINED by the Citv Council of the City of McHenry,
Illinois, as follows: That a use variance is given to divide the single family
residence legally described above and located at 3609 West Waukegan Street, McHenry,
Illinois, into two residential dwelling units.
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 29th day of April , 1992.
AYE: Locke, Bolger, Donahue, Serritella, Patterson, Smith, Adams
NAY: None
ABSENT: Lieder
ABSTAIN: None
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NOT VOTING: None
Approved this 29th day of April, 1992.
The CITY OF MCHENRY, ILLINOIS, a
Muni-cipal Corporation chartered under
the Laws of the State of Illinois.
ATTEST: