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HomeMy WebLinkAboutOrdinances - O-98-890 - 10/21/1998 - GRANT VARIANCE 5919 MARTIN RD LARRY DRAKEORDINANCE NO. 0-98-890 AN ORDINANCE GRANTING A VARIANCE TO ALLOW THE CONSTRUCTION OF AN IN-GOUND SWIMMING POOL BETWEEN THE SIDE OF THE HOUSE AND THE SIDE PROPERTY LINE AT 5919 MARTIN ROAD, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City Clerk by Mr. Larry Drake requesting a Variance to allow the construction of a 20' x 24' in -ground swimming pool between the side of the house and the side property line at 5919 Martin Road; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on October 12, 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 Variance; 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 Variance 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 5919 Martin Road and legally described below be granted a Variance to allow the construction of an in -ground swimming pool between the side of the house and the side property line: LEGAL DESCRIPTION: Lot 23 in Martin Woods Unit One, being a subdivision of all that part of the Northwest % of the Southwest % of Section 21, Township 45 North, Range 8 East of the Third Principal Meridian, which lies Easterly and Southerly of the Center Line of Martin Road, according to the plat thereof recorded May 2, 1979 as Document No. 766549 in McHenry County, Illinois. SECTION 2: In granting said Variance, 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 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, McHenry County, 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 21ST DAY OF OCTOBER , 1998. NAYS: NONE. ABSTAINED: NONE. ABSENT: NONE _ NOT VOTING: NONE. APPROVED THIS 21ST DAY OF OCTOBER , 1998. Gi YOR ATTEST: kNm ��Mvzffw La. z MIA Is