HomeMy WebLinkAboutOrdinances - O-99-940 - 12/01/1999 - GRANT VARIANCE 5502 WINDHAVEN TR DIERKERORDINANCE NO. o-99-94o
AN ORDINANCE GRANTING A MINOR VARIANCE TO THE
BUILDING SETBACK AT 5502 WINDHAVEN TRAIL,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by John and Lisa
Dierker requesting a Minor Variance to permit a 1.5-foot encroachment over the
30-foot building setback line at 5502 Windhaven Trail to allow construction of a
fireplace; and
WHEREAS, a public hearing on said petition was held before the Zoning
Board of Appeals on November 15, 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 Minor 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 request 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 5502 Windhaven Trail
and legally described below be granted a Minor Variance to permit a 1.5-foot
encroachment over the 30-foot building setback line to allow construction of a
fireplace:
LEGAL DESCRIPTION:
Lot 25 in Winding Creek Unit Four, being a subdivision of part of the
Northeast quarter of Section 4, Township 44 North, Range 8 East of the
Third Principal Meridian, according to the plat thereof recorded April 20,
1987 as Document No. 980833, 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 1st DAY OF December 11999
AYS: Bolger, Glab, McClatchey, Murgatroyd, Baird.
NAYS: None.
ABSTAINED: NnnP
ABSENT: None.
NOT VOTING: None.
APPROVED THIS 1st DAY OF December 11999
ATTEST:
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