HomeMy WebLinkAboutOrdinances - O-95-710 - 06/07/1995 - GRANT VARIANCE GRADISHAR 620 S RTE 31FRANK J. GRADISHAR )
620 South Route 31 )
McHenry, Illinois )
ORDINANCE NO 0-95-710
ZONING FILE NO Z- 393
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF McHENRY, ILLINOIS BY GRANTING
A VARIANCE THEREON
Whereas, a written Petition signed by FRANK J. GRADISHAR has been filed with
the City Clerk of the City of McHenry, Illinois requesting the granting of a variance
under the provisions of the Zoning Ordinance of the City of McHenry, as amended,
concerning the following described premises:
Lot 2 in Gradishar`s Subdivision, being a subdivision of
part of the West Half of the Southwest Quarter of Section
2, Township 44 North, Range 8, East of the Third Principal
Meridian, according to the Plat thereof recorded March 18,
1983 as Document No. 851197 in McHenry County, Illinois
commonly known as: 620 South Route 31, McHenry, Illinois 60050;
Whereas, said Petitioner is requesting a variance to permit the construction
of two principal buildings, with said construction requiring a variance under the
City of McHenry Zoning Ordinance; and
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals
on April 10, 1995, at which time the Zoning Board of Appeals did take evidence and
view exhibits presented thereat by the Petitioner; and
Whereas, based on evidence heard, the Zoning Board of Appeals found that there
was no overriding reason for granting the requested zoning variance requested; and
Whereas, the City Council finds that it would serve the interests of the City
if FRANK J. GRADISHAR were granted the variance in that:
1. Special non -recurrent circumstances exist which are peculiar to the
property and which do not apply generally to other properties in the same
zoning district, which circumstances consist of the particular physical
surroundings of the property relative to the traffic control at Route '31 and
Bull Valley Road which causes traffic to back-up and block access to the property,
thereby interfering both with ingress to and egress from the property;
2. The special circumstances referred to relate to the particular
physical character of the property;
3. The special circumstances that are the basis for the variance have
not resulted from any act of the Petitioner nor of any other party with interest
in the property;
4. The strict application of the provisions of the Zoning Ordinance
would result in unnecessary and undue hardship upon Petitioner, as distinguished
from mere inconvenience;
5. The variance is necessary for the Petitioner to preserve and enjoy
the substantial property rights of easy access and open space, and the right
to construct the highest quality development possible, and the granting of the
variance does not confer any special privilege upon the Petitioner;
6. The granting of the variance is necessary not because it will.
increase the Petitioner's economic return, but because without a variance
Petitioner would be deprived of the reasonable use and enjoyment of the property;
7. The granting of the 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;
8. The granting of the variance will be in harmony with the general
purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of
the City;
9. The variance is the minimum required to provide Petitioner with
reasonable use and enjoyment of the property.
NOW THEREFORE, be it ordained by the City Council of the City of McHenry,
Illinois, as follows:
Section 1: That a variance is hereby granted on the foregoing legally described
property, commonly known as 620 South Route 31, McHenry, Illinois 60050, to permit the
construction of two principal buildings on the subject premises, but that even with
this variance, the subject property owners will still comply with all requirements as
to new construction.
Section 2: That the City Council finds that in granting this variance, the
following findings have been proved before this body:
1. Special non -recurrent circumstances exist which are peculiar to the
property and which do not apply generally to other properties in the same
zoning district, which circumstances consist of the particular physical
surroundings of the property relative to the traffic control at Route 31 and
Bull Valley Road which causes traffic to back-up and block access to the property,
thereby interfering both with ingress to and egress from the property;
2. The special circumstances referred to relate to the particular
physical character of the property;
3. The special circumstances that are the basis for the variance have
not resulted from any act of the Petitioner nor of any other party with interest
in the property;
4. The strict application of the provisions of the Zoning Ordinance
would result in unnecessary and undue hardship upon Petitioners, as distinguished
from mere inconvenience;
5. The variance is necessary for the Petitioner to preserve and enjoy
the substantial property rights of easy access and open space, and the right to
construct the highest quality of development possible, and the granting of the
variance does not confer any special privilege upon the Petitioner;
1.1
6. The granting of the variance is necessary not because it will
increase the Petitioner's economic return, but because without a variance
Petitioner would be deprived of the reasonable use and enjoyment of the property;
7. The granting of the 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;
8. The granting of the variance will be in harmony with the general
purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of
the City of McHenry;
9. The variance is the minimum required to provide Petitioner with the
reasonable use and enjoyment of the property.
Section 3: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, are hereby repealed to the extent of such conflict.
Section 4: This ordinance shall be published in pamphlet form by and under
the authority of the corporate authorities of the City of McHenry, Illinois.
Section 5: 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 7th day of June 1995.
AYES: Bolger, Locke, Lawson, Baird
NAYS:
Bates
ABSTAINED: None
ABSENT:
None
NOT VOTING: None
Approved this 7th day of June 1995. /^
MAYOR
ATTEST:
CITY CLERK
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