HomeMy WebLinkAboutOrdinances - O-93-621 - 03/03/1993 - GRANT VARIANCE ZIMMERMAN REAR YARD SETBACKn
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ORDINANCE NO. 0-93-621
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
Whereas, a written Petition signed by Larry G. Zimmerman 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 7 in Block 4 in McHenry Shores, Unit No. 1, a
Subdivision of part of the Fractional Southwest Quarter
of Section 1, lying on the Westerly side of the Fox River;
also part of the Southeast Quarter of Section 2, all in
Township 44 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded May 17,
1954, as Document No. 278461, in Book 11 of Plats,
page 111 in McHenry County, Illinois.
Whereas, said Petitioner is requesting a variance to permit the
addition of a garage, with said construction leaving a rear yard set back
as the minimum being 7'6".
Whereas, a hearing was held before the City of McHenry Zoning Board
of Appeals on December 7, 1992, as which time the Zoning Board of
Appeals did take evidence and view exhibits presented thereat by the
Petitioner, and;
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Whereas, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested zoning
variation;
Whereas, based on the Zoning Board of Appeals found, and the City
Council concurs in that finding, that it would serve the interests of the
City if a variance were granted for a rear yard set back of 7'6", in that:
a) Special circumstances exist that are peculiar to the property that
do not apply generally to other properties in the zoning district. These
circumstances are not of so general or recurrent a 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 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;
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g) The granting of the variance will not alter the essential character
of the locality nor substantially impair environmental quality, property
values, 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 the comprehensive plan of the
City, as
viewed in light of
any unchanged
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, as follows: That a variance is given to the property
being legally described above, that is,
Lot 7 in Block 4 in McHenry Shores, Unit No. 1, a
Subdivision of part of the Fractional Southwest Quarter
of Section 1, lying on the Westerly side of the Fox River;
also part of the Southeast Quarter of Section 2, all in
Township 44 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded May 17,
1954, as Document No. 278461, in Book 11 of Plats,
page 111 in McHenry County, Illinois.
to permit the construction of a garage addition on the subject premises
with a minimum rear yard set back of 7'6", but that, even with this
variation, the subject property owner will still be required to comply
with all requirements as to new construction.
This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
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This ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form, as provided by law.
Passed this 3rd day of March , 1993.
AYES: Bolger, Donahue, Lieder, Locke, Serritella, Patterson, Smith, Adams
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
This ordinance approved this 3rd day of March 1993.
— — —MAYOR ---
ATTEST:
CITY CLERK
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