HomeMy WebLinkAboutOrdinances - O-98-870 - 06/03/1998 - GRANT VARIANCES 4809 PRAIRIE AVE JOSEPH CREASEYORDINANCE NO. 0-98-870
AN ORDINANCE GRANTING VARIANCES TO THE
MAXIMUM PERMITTED AREA FOR DETACHED GARAGES AND
CUMULATIVE AREA FOR ALL ACCESSORY STRUCTURES
AT 4809 PRAIRIE AVENUE,
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Mr. Joseph P.
Creasey requesting Variances to permit a 420 square foot addition to the rear of an
existing 2-% car detached garage at 4809 Prairie Avenue; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on May 18, 1998, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Zoning Board of Appeals did
recommend to the City Council the granting of the requested Variances; and
WHEREAS, the City Council has considered the evidence and recommendation
from the Zoning Board of Appeals and finds that the approval of the requested
Variances is consistent with the objectives of the City of McHenry Zoning Ordinance to
protect the public health, safety, morals and general welfare of its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1: That the property commonly known as 4809 Prairie Avenue and
legally described below be granted Variances to: i) the maximum permitted area for
detached garages; and ii) total cumulative area for all accessory structures, as provided
in Table 20: Standards for Accessory Structures of the Zoning Ordinance, to permit a
420 square foot addition to the rear of an existing 2-%a car detached garage:
LEGAL DESCRIPTION:
Lot 5 and 6 in Block 12 in Lakeland Park Unit 1, a subdivision of part of the North
Half of the Northwest Quarter of Section 27, Township 45 North, Range 8 East of
the Third Principal Meridian according to the plat thereof recorded December 12,
1952 as Document No. 260029 in Book 11 of Plats, page 64, in McHenry County,
Illinois.
SECTION 2: That the approval of the Variances is subject to the condition that
the garage addition be constructed in accordance with the Plat of Survey, attached and
appended to this Ordinance as Exhibit A; and
SECTION 3: In granting said Variances, the City Council finds that the
requirements of Table 32 of the Zoning Ordinance have been met in that:
1. Special circumstances exist that are peculiar to the property for which the
variances are sought and that do not apply generally to other properties in
the same zoning district. And 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.
2. The special circumstances referenced herein relate only to the physical
character of the land or building(s) for which variances are 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.
3. The special circumstances that are the basis for variances have not
resulted from any act of the applicant or of any other party with interest in
the property.
4. The strict application of the provision of the Zoning Ordinance would result
in unnecessary and undue hardship upon the applicant, as distinguished
from a mere inconvenience.
5. Variances are 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.
6. The granting of variances is necessary not because they will increase the
applicant's economic return, although they may have this effect, but
because without variances the applicant will be deprived of any
reasonable use or enjoyment of the property.
7. The granting of 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.
8. The granting of variances will be in harmony with the general purpose and
intent of the Zoning Ordinance and of the Comprehensive Plan of the City,
as viewed in light.of any changed conditions since their adoption.
9. The variances requested are the minimum required to provide the
applicant with reasonable use and enjoyment of his property.
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, McHenry County,
Illinois.
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 3RD DAY OF DUNE , 1998.
AYES: ROI UR, MAR, MCCI ATCHFY, MIIRUTRnYn, RATRn_
NAYS: NONE.
ABSTAINED: NONE.
ABSENT: NONE.
NOT VOTING: NONE.
APPROVED THIS 3RD DAY OF JUNE , 1998.
MAYOR
ATTEST:
CITY CLERK
ALAN I COULSON, P.C. . •
REGISTERED LAND SURVEYORS
OF PROPERTY DESCRIBED AS:
.Lot 5 and 6 in Block 12 in Lakeland Park Unit 1, a subdivision of part of the
North half of Northwest Quarter of Section 27, Township 45 North, Range 8 East
of the Third Principal Meridian according to the plat thereof recorded December 1.2,
1,952 as Document No. 260029 in Book 11 0£ Plats, page 64, in McHenry Country, Illinois.
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I11 STATE.OF ILLINOIS
Scale: COUNTY OF KANE ss
Ordered: Joel Goldman I hereby certify that the bulldlggs on lot shown I hereby certify that I have surveyed the ebw
are within property lines end et the adjoining im- described premises according to the ofTlclel record, en
Owner:.
Creasey pr do not an each said pro ixs, that.tpe abre plat correctly Tts said survey.
Page:
09-27-1�(
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Drawn: Any discrepancy n easuroments should be prompily`�� OF /..... A�A COULSO.N, P.C.
Job:• t A30; 718SL reported to curve or:for explanation or correetio , �'•.•••"""•• .�%O� t' Ep LAND SURVEYORS
ALAN j. °''- IwIVOIs—WISCOtiSIN
McHenry IYE 00 ffOT CERTIFY ASTO LOCATION OF UMOERQUNO , 206r MzklN ST. City: --�-- CU':1 r�t�
IMPROVEMENTS. - 11P: DUNOEE,3LL.60110 PHONrz 312: 426-291
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Compare the description on'lhis plat with deed. Refer to ffor, eiseissepls,Ad building lines.