HomeMy WebLinkAboutOrdinances - O-99-926 - 08/04/1999 - GRANT VARIANCE 6011 BARKLEY CT BACKHAUSORDINANCE NO. 0-99-926
AN ORDINANCE GRANTING A VARIANCE TO THE
FRONT BUILDING SETBACK AT 6011 BARKLEY COURT,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by David L. Backhaus
on behalf of American Heritage Development Corporation requesting a Variance
to permit a 2.1-foot encroachment over the 30-foot front building setback line at
6011 Barkley Court; and
WHEREAS, a public hearing on said petition was held before the Zoning
Board of Appeals on July 12, 1999, 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 knows as 6011 Barkley Court
and legally described below be granted a Variance to permit a 2.1-foot
encroachment over the 30-foot front building setback line:
LEGAL DESCRIPTION:
Lot 232 in Boone Creek Unit Two, being a subdivision of part of the South
Half of Section 33, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded October 13, 1998 as
Document No. 98R68020, 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 variance is 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 reasonable
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 the variance is sought,
such as dimension, 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, not 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 the variance 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 provisions of the Zoning Ordinance would
result in unnecessary and undue hardship upon the applicant, as
distinguished from a mere inconvenience.
5. A Variance is 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 a Variance is necessary not because it will increase
the applicant's economic return, although it may have this effect, but
because without the variance the applicant will be deprived of any
reasonable use or enjoyment of the property.
7. The granting of a Variance 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 a Variance 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 Variance requested is the minimum required to provide the
applicant with reasonable use and enjoyment of the property.
SECTION 3: All Ordinance 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 4th DAY OF August , 1999
AYS: Bolger. Glab, McClatchey. Mur$atroyd. Baird.
NAYS: None.
ABSTAINED: None.
ABSENT: Nnna _
NOT VOTING: None.
APPROVED THIS 4th DAY OF August , 1999
MAYOR
ATTEST:
CITY CLERK