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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 2