HomeMy WebLinkAboutOrdinances - O-99-903 - 01/20/1999 - GRANT VARIANCE 5010 W ELM ST MCMEEKINORDINANCE NO. 0-99-903
AN ORDINANCE GRANTING A VARIANCE TO ALLOW TWO
PRINCIPAL BUILDINGS ON A SINGLE ZONING LOT AT 5010 WEST ELM STREET
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City Clerk by Colin and Anna
McMeekin requesting a Variance to convert an existing accessory structure into a
principal structure (the "Converted Structure"), resulting in two principal buildings on a
single zoning lot at 5010 West Elm Street in the City of McHenry, McHenry County,
Illinois; and
WHEREAS, a public hearing on said petition was held before the Zoning Board of
Appeals on December 7, 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 5010 West Elm Street and
legally described below be granted a Variance to Chapter III, Section G, of the Zoning
Ordinance to allow two principal buildings on a single zoning lot:
LEGAL DESCRIPTION:
Lot 12 in Block 19 in Lakeland Park Unit No. 2, a Subdivision of part of the
Northwest Quarter, and part of the Southwest 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. 260030, in Book 11 of
Plats, Page 66, in McHenry County, Illinois.
SECTION 2: In granting said Variance as conditioned herein, 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: That the approval of the Variance as provided in this Ordinance is
granted subject to the condition that the use of the Converted Structure be limited to the
Permitted Uses in the 0-1, Local Office, or 0-2, Office Park, zoning districts. The
allowable Conditional Uses in the 0-1 and 0-2 zoning districts shall not be permitted.
SECTION 4: The approval of the Variance and limitation on the use of the
Converted Structure as provided in this Ordinance shall remain in effect unless and until
the residential use is discontinued and/or the residential structure on the lot is removed.
SECTION 5: All Ordinances or parts thereof in conflict with the terms and
provisions hereof are hereby repealed to the extent of such conflict.
SECTION 6: 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 7: 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 20TH DAY OF JANUARY , 1999.
AYES: BOLGER, MCCLATCHEY, MURGATROYD, BAIRD.
NAYS: GLAB .
ABSTAINED: NONE.
ABSENT: NONE.
NOT VOTING: NONE.
APPROVED THIS 20TH DAY OF JANUARY
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ATTEST:
CITY CLERK