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.
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