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HomeMy WebLinkAboutOrdinances - O-96-744 - 01/17/1996 - GRANT RECLASS AND USE VARIANCE FENSKE 1203 RIVER RMARY K FENSKE ) AND THE CITY OF MCHENRY ) REGARDING ) ORDINANCE NO 0-96-744 1203 N RIVER ROAD ) MCHENRY IL 60050 ) ZONING FILE NO Z-399(22) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A RECLASSIFICATION AND USE VARIANCE THEREON. Whereas, a written Petition signed by Mary K Fenske and the City of McHenry has been filed with the City Clerk of the City of McHenry, Illinois requesting the following zoning changes: 1. reclassification from E Estate Zoning district to C5 Highway Commercial district; 2. use variance to permit the subject premises to be used as a single family dwelling; under the provisions of the Zoning Ordinance of the City of McHenry, as amended, for the property commonly known as: 1203 North River Road, McHenry Illinois 60050, and legally described on Exhibit A attached hereto; and, Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on August 21, 1995, at which time the Zoning Board of Appeals 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 zoning reclassification and use variance as requested; 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 said reclassification and use variance were granted for the subject property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, Illinois, as follows: Section 1: That the following amendments to the City of McHenry Zoning Ordinance are hereby granted on the property commonly known as 1203 North River Road and legally described in Exhibit A: A. reclassification from E Estate Zoning District to C5 Highway Commercial District; B. use variance to permit the subject premises to be used as a single family dwelling. Section 2: That the City Council finds in granting the reclassification, the following findings have been proved before this body: A. The proposed uses are compatible with existing uses or existing zoning of property in the environs. B. The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification. 399(22) Page 2 C. The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since the adoption of the Plan. D. The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant. Section 3: That the City Council finds in granting the use variance, the following findings have been proved before this body: A. The strict application of the provisions of the Zoning Ordinance relating to the use of the buildings or structure, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience. B. The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the Zoning Ordinance for the pertinent zoning district. C. Special circumstances exist that are peculiar to the property for which the Use Variance is sought and they do not apply generally to other properties in the same zoning district. D. The granting of the Use 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. E. The granting of a Use Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City. Section 4: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, are hereby repealed to the extent of such conflict. Section 5: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. 399(22) Page 3 Section 6: 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 _17th_day of _January_, 1996. AYES: Bolger, Locke, Bates, Lawson, Baird NAYS: ABSTAINED: ABSENT: NOT VOTING: Approved this _17thh_ day of _ anu _, 1996. C� MAYOR ST: CITY CLERK 17E N S V� L-xH16ir A LEGAL DESCRIPTION (LD: m2664): The South 11.09 feet of the East 74 feet of Lot 2 and Lot 3 (except the South 11.09 feet of the East 74 feet thereof), all in Block 8 in the Original Plat of the Village (now City) of McHenry, on the East side of Fox River, a Subdivision of part of the Southeast Fractional Quarter of Section 26, Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois. PERMANENT INDEX NO(S).: 09-26-478-008, as to that part of Lot 2; and 09-26-478-009, as to that part of Lot 3 STREET ADDRESS: 1203 N. River Road McHenry, IL 60050-4543 .1 r .