HomeMy WebLinkAboutOrdinances - O-94-669 - 10/05/1994 - GRANT VARIANCE WM AND JULIE PETERSON 7507 DEERWOODORDINANCE NO.0-94-669
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF MCIIENRY, ILLINOIS, BY GRANTING A VARIATION THEREON
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCIIENRY,
MCIIENRY COUNTY, ILLINOIS AS FOLLOWS:
Whereas, a written Petition signed by William Peterson and
Julie Peterson 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 MclIenry,
and such Ordinance as amended, concerning the following described
premises:
Lot 2 in Unit No. 1 in Deerwood Estates, Being a Subdivision of part
of the northeast quarter of section 31, township 45 north, range 8
east of the third principal meridan, according to the plat thereof
recorded April 16, 199q as document no. 91R12391, in McHenry County,
Illinois.
Commonly known as 7507 Deerwood Trail, Mc Henry, I1.
Whereas, Said Petitioners are requesting a variance to permit
the installation of an in -ground swimming pool in back side yard
with said construction requiring a variance as to the back side
yard location as required by the City of McHenry Zoning Ordinance.
Whereas, a hearing was held before the City of McHenry Zoning
Board of Appeals on September 26, 1994, as which time the Zoning
board of Appeals did take evidence and view exhibits presented
thereat by the Petitioner(s)� and,
Wheras, based on evidence heard, the Zoning Board of Appeals
found that there was no overriding reason for not granting the
requested zoning variation; and,
Whereas 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 varience were granted for the subject premises in that:
(a) There are special circumstances that are not found
elsewhere due to the septic field location.
(b) These circumstances relate to this property only.
(c) The special circumstances that.are the basis for this
variance have not resulted from any act of the applicant
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 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) A variance is necessary for the full use of the property.
(g) The granting 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 McHenry.
(i) The variance requested is the minimum required to provide
applicants reasonable use and enjoyment of their property.
Now, therefore, be it ordained by the City Council of the City
of Mc Henry, Illinois as follows;
Section 1: That a varience is hereby granted on the foregoing
legally described property, commonly known as Lot 2 in Unit No. 1
in Deerwood Estates, Being a Subdivision of part of the northeast
quarter of section 31, township 45 north, range 8 east of the third
principal meridan, according to the plat thereof recorded April 16,
1994 as document no. 91R12391, in McHenry County, Illinois, to permi-
the construction of an inground pool in the rear side yard, on the
subject premises, but that, even with these variations, the subject
property owners will still be required to comply with all requiremen-
as to new construction.
Section 2: All ordinances or parts thereof, in conflict with
the terms and provisions hereof, are hereby repealed to the
extent of such conflict.
Section 3: This ordinance shall be published in pamphlet form
by and under the authority of the corporate authorities of the
City of McHenry, Illinois.
Section 4: 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 5th day of October .1994
AYES: Bolger. Locke, Bates, Lawson Baird
NAYS: None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 5th DAY OF October , 1994 /
MAYOR
CITY CLERK I