HomeMy WebLinkAboutOrdinances - O-93-630 - 06/30/1993 - GRANT VARIANCE JOHN AND DIANE PORTERORDINANCE IIO. 0-93-630
AN ORDINANCE A&TENDING TIIE ZONING ORDINANCE OF THE
CITY OF MCHENRY, ILLINOIS, BY GRANTING A VARIATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
IICHEIIRY COUNTY, ILLINOIS, AS FOLLOWS:
Whereas, a written Petition signed by John S. Porter and Diane
I -I. Porter has Veen filed with the City clerk of the City of
IicHenry, 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 130 in 'iiartin Uoods Unit II, being a Subdivision of harts
of the East :Ialf of Section 20 and the West ::alf of Section
21, all in Township 45 North, Range 3 East of the Third
Principal 14eridian, according to the plat thereof recorded
I1arch 15, 1990 as Document No. 90R009144, in the City of
iicHenry, I-icIIenr,7 County, Illinois.
Whereas, said Petitioners are requesting a variance to permit
the installation of an in -ground swii.iming pool in the side yard,
with said construction requiring a variance as to the rear yard
location as required by the City of IicIlenry Zoning Ordinance;
s1-11-iereas, a hearing jas held before the City of Iicl;enry Zoning
Board of Appeals on 6-21-93, at w`.iich time the Zonin(; Soard of
Appeals did take evidence and view exhibits presented thereat by
the Petitioners, and;
,ihereas, ;used on evidence heard, the Zoninc, 3oard of APdeals
found that there was no overriding reason for not granting the
requested zoning variation;
Vhereas, based on the Zoning i;oard 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 the subject
premises, in that:
(a) There are special circu,,istances that are not found
elsewhere due to the septic field location.
These circu,astances relate to this Droparty only.
(c) The special circu.astances that are the basis for this
variance have not result,> 1 from any act of the a1�,plicant
or any other party with interest in the property.
(d) The strict application of the provisions of this
Ordinance would result in unnecessary hardship upon the
applicant, as distinguished frori<<lere inconvenience.
(e) A variance is necessary for the applicant to preserve and
enjoy a substantial proderty 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) A variance is necessary for the full use of the property.
(g) The grantin�j of this variance will not alter the local
character of the area.
(h) The granting of a variance will be consistent with the
general purpose and intent of this Ordinance and the
Comprehensive Plan of the City of I-ICIIenry.
W The variance requested is the miniiaum required to provide
applicants reasonable use and enjoyment of their property.
Nova, therefore, be it ordained by the City Council of the City of
IIclienry, Illinois, as follows: That a variance is given to the
property being legally described above, that is,
Lot 130 in Martin Iv9oods Unit II, being a Subdivision of parts
of the East Half of Section 20 and the Nest Half of Section
21, all in Township 45 North, Range 8 East of the Third
Principal Meridian, according to the plat thereof recorded
March 15, 1990 as Document No. 90R009144, in the City of
i•IcHenry, LHcHenry County, Illinois,
to periait the construction of an in -ground swimr,iin(; pool in the
side yard on the subject premises, but that, even with this
variation, the subject property o:>>ners will still be required to
coi,iply with all requiremants as to the new construction.
This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of
1.cHenry, Illinois.
Tilis ordinance shall be in full force and effect from and
after its passage, approval and publication in pa,�phlet form, as
provided !,)y lave.
Passes: t;As 30_th day of June , 1993.
AYES. Bolger Locke, Bates, Lawson, Baird
MAYS. None
AUSTLI'=: None
r'1SE�,IT None
I:UT VO_'I:, �,. None
'-'his or inance ai)i;rovcd this 30th clay of June
1993.
i-IAYOR
�,T`1�L�CLE�iUX�
CI Y
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