HomeMy WebLinkAboutOrdinances - O-97-852 - 01/05/1997 - GRANT ZONING WEGRZYN PARCELORDINANCE NO. 0-97-811
AN ORDINANCE PROVIDING FOR THE AMENDMENT OF THE
PROVISIONS OF THE ZONING -ORDINANCE OF THE CITY OF
MC HENRY, MC HENRY COUNTY, ILLINOIS.
WHEREAS, Petitioners, KEVIN G. WEGRZYN and BEVERLY S. WEGRZYN, record title
owners, filed a Petition, as amended, with the Zoning Board of Appeals of the City of McHenry,
Illinois, requesting an amendment to the Zoning Ordinance of the City of McHenry in regard to the
real property more fully described in Exhibit "A", attached hereto and made a part hereof (said real
property hereinafter referred to as "Parcel'); and
WHEREAS, pursuant to notice, a public hearing was held before the Zoning Board of
Appeals of the City of McHenry, Illinois, in regard to the contents of the Petition, as amended, and
evidence was introduced by the Petitioners at such hearing in support of their position; and
WHEREAS, the City Council of the City of McHenry, Illinois, has fully considered the merits
of the Petition, as amended, and the evidence presented to the Zoning Board of Appeals of the City
of McHenry, including all exhibits containing plans and specifications for the proposed use.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MC HENRY, MC HENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the Zoning Ordinance of the City of McHenry, McHenry County,
Illinois, and such Ordinance as amended, be and is hereby amended so that the Parcel is classified as
"0-1" - Local Office District and that the following variances are hereby granted to the Parcel:
a) Chapter V, Table 6, minimum lot width along an arterial street from 200 feet to 100
feet; and
b) Chapter V, Table 6, interior side yard setback adjacent to a residential district from
15 feet to 10 feet from the south property line.
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SECTION 2: The requirements of Table 33 of the McHenry Zoning Ordinance have
been met in that (a) the requested zoning is compatible with the uses and zoning of the environs;(b)
the requested zoning is supported by'the trend of development; (c) the requested zoning is consistent
with the City of McHenry Comprehensive Plan objectives; and (d) the requested zoning furthers the
public interest.
SECTION 3:
a) Special circumstances, fully described in the written findings, exist that are
peculiar to the Parcel and that do not apply generally to other properties in the same zoning district.
b) The special circumstances relate to the physical character of the Parcel.
c) The special circumstances have not resulted from act of the Petitioners or of
any other party with an interest in the Parcel.
d) The strict application of the provisions of the Zoning Ordinance would result
in unnecessary and undue hardship upon the Petitioners, as distinguished from mere inconvenience.
e) The variances are necessary in order to preserve and enjoy a substantial
property right possessed by other properties in the same zoning district and they do not confer a
special privilege ordinarily denied to other properties in the district.
f) The variances are necessary not because they will increase the Petitioners
economic return, although it may have this effect, but because without a variance the Petitioners will
be deprived of any reasonable use or enjoyment of the Parcel.
g) The granting of the variances 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 the variances will be in harmony with the general purpose and
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intent of the Zoning Ordinance and of the Comprehensive Plan of the City of McHenry, as viewed
in light of any changed condition since their adoption.
i) The variances recommended and approved are the minimum required to
provide the Petitioners with reasonable use and enjoyment of the Parcel.
SECTION 4: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, be and the same are hereby repealed to the extent of such conflict.
SECTION I This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 6: This Ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
PASSED THIS 5th DAY OF November, 1997.
AYES: BOLGER, GLAB, MCCLATCHEY, M RGATROYD, BAIRD.
NAYS: NONE.
NONE.
ABSENT:
NOT VOTING: NONE.
ABSTAINED: NONE.
APPROVED THIS 5TH DAY OF NOVEMBER1997.
ayor, CITY OF McHENRY, ILLINOIS
ATTEST:
QL y
City Clerk, CITY F McHE LINOIS
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EXHIBIT "A"
Lot 30 in Kelter Estate Subdivision Unit No. 1, being a Subdivision of part of Section 34,
Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat
thereof recorded March 14, 1949 as Document No. 218953, in Book 10 of Plats, Page 112,
in McHenry County, Illinois.
Permanent Parcel Index Number: 09-34-327-002.
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