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HomeMy WebLinkAboutOrdinances - O-92-599 - 05/20/1992 - GRANT VARIANCES WIRFS AND BONCOSKYRECEIVE ORDINANCE NO. 0-92-599 May 0 Ft 1992 AN ORDINANCE OF TM CITY OF MCHENRY, CITY OF M c H E N RY ILLINOIS, GRANTING A VARIATIONS WHEREAS, a written Petition signed by TIMOTHY WIRFS and RICHARD M. BONCOSKY has been filed with the City Clerk of the City of McHenry, Illinois requesting a variation as to the side yard width and front yard depth requirements under the provisions of the Zoning Ordinance of the City of McHenry, concerning the following described premises: PARCEL 1: That part of the Southeast Quarter of the Southeast Quarter of Section 27 described as follows: Commencing on the East line of said Section at a point 120.6 feet North from the Southeast corner thereof and running thence Northwesterly along the Southerly boundary of a certain tract of land conveyed to Floyd E. Covalt and wife, dated March 12, 1917 and recorded as Document No. 38189 in Book 151 of Deeds, page 19, being on a line forming an angle of 71 degrees 28 minutes to the left, with a prolongation of the last described line, for a distance of 132 feet to a point for a place of beginning; thence Northeasterly along the Westerly line of said tract of land conveyed as aforesaid, being on a line forming an angle of 92 degrees 12 minutes to the right with a prolongation of the last described line, for a distance of 176 feet to an intersection with the Southerly line of Main Street; thence Westerly along the Southerly line of Main Street, being on a line forming an angle of 91 degrees 36 minutes to the left, with a prolongation of the last described line, for a distance of 60.02 feet to a point; thence Southwesterly on a line forming an angle of 88 degrees 24 minutes to the left, with a prolongation of the last described line, for a distance of 160.7 feet to a point; thence Southeasterly on a line forming an angle of 61 degrees 37 minutes to the left, with a prolongation of the last described line, for a distance of 31.1 feet to a point; thence Southeastly on a line forming an angle of 30 degrees 35 minutes to the left, with a prolongation of the last described line, a distance of 32.6 feet to the place of beginning, in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. PARCEL 2: Part of the Southeast Quarter of the Southeast Quarter of Section 27, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing on the East line of said Section at a point 120.6 feet North from the Southeast corner thereof; thence North 75 degrees 39 minutes 01 seconds West (bearing assumed) along the Southerly Boundary of a certain tract of land conveyed to Floyd E. Covalt and wife, dated March 12, 1917, recorded as Document no. 38189 in Book 151 of Deeds, page 19, for a distance of 123.27 feet to a point that is 8.73 feet Southeasterly of the Westerly line of said tract of land conveyed as aforesaid, for a point of beginning; thence continuing along the last described line, a distance of 8.73 feet; thence North 16 degrees 32 minutes 47 seconds East along the Westerly line of said tract of land conveyed as aforesaid, for a distance of 176 feet (more or less) to an intersection with the Southerly line of Main Street; thence South 75 degrees 11 minutes 03 seconds East, along the Southerly line of Main Street, a distance of 3.36 feet; thence South 14 degrees 47 minutes 51 seconds West, a distance of 175.68 feet, to the point of beginning, in McHenry County, Illinois. and, WHEREAS, Petitioner, TIMOTHY WIRFS, is the beneficial owner of McHenry State Bank Land Trust No. 4399 which is the record owner of Parcel 1 described above, and TIMOTHY WIRFS is a purchaser under a contract for Parcel 2, and RICHARD M. BONCOSKY is the record owner of Parcel 2 described above, and, WHEREAS, Petitioners are requesting a variation from the "I-l" Industrial District Classification permitting a minimum side yard width of zero feet on the east side yard and permitting a minimum front yard depth of not less than 25 feet for the above described premises, and WHEREAS, a hearing was held before the City of McHenry Zoning Board of Appeals on the 23rd day of March 1992, at which time the said Zoning Board of Appeals did take evidence and view exhibits presented thereat by the Petitioners, and, WHEREAS, based on the evidence heard, the Zoning Board of Appeals found, and the City Council hereby concurs with said findings, that it would serve the interest of the City if side yard and front yard variations were granted because: a) Special circumstances exist that are peculiar to the property that do not apply generally to other properties in this zoning district. And these circumstances are not of so general or recurrent nature as to make it reasonably practical to provide a general regulation to cover them; b) The special circumstances referenced herein relate to the physical character of the building and the dimensions of the land. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property; c) The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property; d) The strict application of the provisions of this Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience; e) A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district; f) The grant of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property; g) The granting of the variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity; h) The granting of a variance will be in harmony with the general purpose and intent of this Ordinance and of a Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption; i) The variance, if recommended by the Board of Appeals and approved by the City Council, is the minimum required to provide the applicant with reasonable use and enjoyment of his property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, that variations be given to the property legally described above in the City of McHenry, Illinois to permit and establish an easterly side yard width of zero feet and a front yard depth of not less than 25 feet for the structure or additions to the structure on the premises described above, 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 20th day of May 1992. Voting AYE: Lieder, Locke, Bolger, Donahue, Serritella, Adams, Smith Voting NAY: None ABSENT: Patterson APPROVED this 20th day of May 1992. CITY OF McHENRY, an Illinois Municipal Cpyporation 014yBy: or ATTEST: City Clerk Approved as to form: NARUSIS & NARUSIS, City Attorney By: