HomeMy WebLinkAboutOrdinances - O-93-645 - 12/13/1993 - GRANT VARIANCE 5200 SHORE DRORDINANCE NO. 0-93-645
An Ordinance Amending the Zoning Ordinance of
the City of McHenry, Illinois, by Granting a Variation Thereon
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS, as follows:
WHEREAS, a written Petition signed by Keith 0. Strong and Miriam
Schmitt -Strong 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, concerning
the following described property:
Lot 11 in Block 17 in Lakeland Park Unit No. 3, a Subdivision
of part of the East Half of the East Half of Section 28,
Township 45 North, Range 8 East of the Third Principal
Meridian, in McHenry County, Illinois;
commonly known as 5200 Shore Drive, McHenry, IL. 60050; and
WHEREAS, said Petitioners are requesting a variation to permit
construction of an 896 square foot garage, with said construction
requiring a variation from the maximum size of 700 square feet, as
required by the City of McHenry Zoning Ordinance; but that the
Petitioners are restricted to installation of overhead garage doors not
to exceed a maximum of 7 feet in height; and
WHEREAS, a hearing was held before the City of McHenry Zoning
Board of Appeals on November 22, 1993, at which time the Zoning Board
did take evidence and view exhibits presented thereat by the
Petitioners; and
WHEREAS, based on evidence heard, the Zoning Board of Appeals
found that there was no overriding reason for not granting the
requesting zoning variation; and
WHEREAS, the Zoning Board found, and the City Council concurs in
the finding that it would serve the interests of the City if a variation
were granted for the 896 square foot garage, in that:
A. Special circumstances exist that are peculiar to the property
for which the variance is sought and that do not apply
generally to other properties in the same 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. Since a variation will affect the character of its
surroundings long after a property changes hands, the special
circumstances referenced herein relate only to the physical
character of the land or buildings for which a variance is
sought, such as dimensions, topography, or soil conditions.
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. For reasons fully set forth in the written findings, 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 a 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 the
Comprehensive Plan of the City, as viewed in light of any
changed conditions since their adoption.
1 I. The variance 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 their property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
McHENRY, ILLINOIS, as follows:
SECTION 1. That a variation is hereby granted on the foregoing
legally described property, commonly known as 5200 Shore Drive, McHenry,
Illinois, to permit construction of an 896 square foot garage (28' X
32' ) on the subject premises, with the requirement that installation of
overhead garage doors not exceed a maximum of 7 feet in height and
applicants are to comply with all requirements as to new construction.
SECTION 2. 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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SECTION 3. This ordinance shall be in full force and effect from
and after its passage, approval and publication, as provided by law.
PASSED this 13th day of December, 1993.
AYES: Baird, Lawson, Bates, Locke, Bolger
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
APPROVED this 13th day of December, 1993.
ATTEST:
moo'
i ty er
i
Mayor
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