HomeMy WebLinkAboutOrdinances - O-94-655 - 04/20/1994 - GRANT VARIANCE KOELLER LOT DEFINITION MAPLE AVENUEDIAMOND, LESUEUR
& ROTH, P. C.
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
815-385-6840
ORDINANCE NO. 0-94-655
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF McHENRY, ILLINOIS, BY GRANTING
A VARIATION THEREON.
WHEREAS, your Petitioners, JAY KOELLER and JUDY KOELLER, have
filed a Petition with the Zoning Board of Appeals for the City c-f
McHenry requesting a variation from the definition of "lot" as
defined in the City of McHenry Zoning Ordinance in regard to the
following described real estate:
That part of the Northeast Quarter of the Southwest Quarter of
Section 26 and being a part of Lot 1 of the County Clerk's
Plat of said Section, described as follows: Commencing at the
Southeast corner of Lot 17 of Mill Stream Addition to McHenry,
Unit No. 1, according to the plat thereof recorded July 16,
1946 as Document No. 19334 in Book 10 of Plats, page 33;
thence East on the North line of Kent Avenue 60 feet to a
point; thence North on a line parallel with the East lire of
Lot 17; aforesaid a distance of 85 feet to a point .for a ulace
of beginning; thence North on a continuation of the last
described line 100.5 feet to the East and West Quarter Section
line; thence East on said Quarter Section Line 86 feet to a
point; thence South on a line parallel with the East line of
said Lot 17 a distance of 102.11 feet, more or less, to a
point 85 feet North from the North line of Kent Avenue,
aforesaid; thence West parallel with the North line of said
Kent Avenue 86 feet to the place of beginning, all .in Township
45 North, Range 8 East of the Third Principal Meridian, in
McHenry County, Illinois, subject to the reservation of an
easement for municipal and public utilities purposes on the
Northwest 15 feet of said premises.
WHEREAS, the property is located 85 feet North of the
intersection of Maple Avenue and an unnamed right-of-way; and
WHEREAS, the property is presently zoned "RA-1" Attached
Residential District pursuant to the City of McHenry Zoning
Ordinance; and
WHEREAS, a Petition was filed with the City of McHenry
requesting a hearing before the Zoning Board of Appeals on the
Petition; and
WHEREAS, a hearing was held before the Zoning Board of Appeals
in the manner and form as prescribed by Ordinance and statute; and
WHEREAS, as a result of the hearing the variance as requested
was recommended by the Zoning Board of Appeals unanimously by a
vote of 5 to 0; and
DIAMOND, LESUEUR
a ROTH, P. C.
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
B 15-36 5-6640
WHEREAS, the City Council has fully reviewed Report of the
hearing before the Zoning Board of Appeals; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of McHenry, McHenry County, IL, as follows:
SECTION 1: That the above described property be granted a variation
from the definition of "lot" as defined in the City of McHenry
Zoning Ordinance to allow the construction of a duplex in
accordance with the "RA-1" Attached Residential District
requirements of the City of McHenry Zoning Ordinance subject to the
following conditions:
(a) Granting of an easement for municipal and public utility
purposes on the northern most 15 feet of the property;
(b) Acquisition of an easement across the parcel located to
the South of the property in question so that the
property in question will be serviced by City water;
(c) Payment by petitioners for the costs of connecting to
City sewer and water;
(d) Petitioner shall resurface the existing paved portion of
the unknown right-of-way with a length of approximately
185 feet and a width of approximately 25 feet and pay for
said expense to the satisfaction of the Department of
Public Works.
SECTION 2: That, the City Council in reviewing the evidence
presented before the Zoning Board of Appeals does make specific
findings as follows:
(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, taking into consideration the following:
(1) The Petitioners purchased the property from the City
of McHenry, believing the property was suitably zoned for
construction of a duplex.
( 2 ) That the City of McHenry obtained an appraisal of the
property prior to its sale to Petitioners and the fair
market value of the property indicated in said appraisal
that the property was suitably zoned for construction of
a duplex.
(3) That while the lot fronts on a unnamed right-of-way
and not on a dedicated public road, their are other
N
DIAMOND, LESUEUR
& ROTH, P C
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
815 385-6840
residences in the area that utilize the unnamed right-of-
way for ingress and egress to their property.
(4) That City sewer extends across the northern portion
of the lot.
(5) Petitioners have obtained an easement from the
property owners to the south to connect to City water.
The circumstances described above are not of so general
or recurrent a nature as to make it reasonable practical
to provide a general regulation to cover them.
(b) That special circumstances referenced herein relate
only to the physical character of the land. They do not
concern any business or activity the present owner
carries on, or seeks to carry on, nor to the therein,
nor to personal, business, or to tenant or any other
party 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 the reasons fully set forth above, 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 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 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.
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( i ) The variance recommended by the Board the of Appeals
and Approved by the City Council is minimum required to
provide the petitioner their reasonable use and enjoyment
of their property.
SECTION 3: That even with the variation herein, the subject
property owners will still be required to comply with requirements
as to new construction.
SECTION 4: This Ordinance shall be in full force and effect from
and after its passage as provided by law.
DIAMOND, LESUEUR
& ROTH, P. C
ATTORNEYS
3431 W ELM STREET
MCHENRY. ILLINOIS
815-385-6840
PASSED by a majority of the City Council of the City of
McHenry, McHenry County, IL, this 20th day of April, 1994.
VOTING AYE: Bolger, Locke, Bates, Lawson, Baird
VOTING NAY: None
ABSENT: None
ABSTAIN: None
APPROVED this 20th day of April, 1994.
ATTEST:
City Clerk
f:W n dy\zo nin g*oe her Lord
DIAMOND, LESUEUR
a ROTH, P. C
ATTORNEYS
3431 W ELM STREET
MCHENRY, ILLINOIS
815-385-6840
CITY OF McHENR
By: ;.
a or Steve Cuda
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