HomeMy WebLinkAboutOrdinances - O-97-815 - 02/05/1997 - GRANT VARIANCE NICHOLS 1317 OAKDWOOD DRLONNY & ANGEL NICHOLLS )
1317 OAKWOOD DRIVE ) ORDINANCE NO o_w _g 15
MCHENRY, ILLINOIS 60050 ) ZONING FILE NO Z-417
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MCHENRY, ILLINOIS BY GRANTING A
VARIANCE THEREON.
Whereas, a written Petition signed by LONNY & ANGEL NICHOLLS 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 12 in Block 6 in Lakeland Shore Unit Number 3, being a subdivision of part
of the North Half of the Southwest Quarter of Section 27, Township 45 North,
Range 8 East of the Third Principal Meridian lying South of the Center ]Line of
State Route 120, according to the Plat thereof, Recorded April 2-5, 1958 as
Document 337444, in Book 13 of Plats, Page 55 and as amended by Instrument
Recorded May 9, 1958 as Document 338057, in McHenry County, Illinois.
commonly known as: 1317 Oakwood Drive; and
Whereas, said Petitioner(s) are requesting a Variance to permit an interior side yard setback of
six feet from the south property line; and
Whereas, a hearing was held before the City of McHenry Zoning Board of Appeals on
December 2, 1996, at which time the Zoning Board of Appeals did take evidence and view exhibits
presented thereat by the Petitioner(s); and,
Whereas, based on evidence heard, the Zoning Board of Appeals found that there was no
overriding reason for not granting the requested zoning Variance 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 a Variance were granted to permit an interior side yard setback
of six feet from the south property line, 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 this surrounding long after a propert4
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.
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
his 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 1317 Oakwood Drive, McHenry, Illinois, to permit the construction of a 2-car
attached garage on the subject premises with an interior side yard setback of six feet from the south
property line, but that, even with this Variance, the subject property owner(s) will still be required to
comply with all requirements 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.
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Passed this 5th day of February , 1997
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
Bolger, Locke, Bates, Lawson, Baird.
None.
None.
Approved this 5th
ATTEST:
CITY CLERK i
rev: February 6, 1997
day of February , 1997
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