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HomeMy WebLinkAboutOrdinances - ORD-00-949 - 02/02/2000 - GRANT VARIANCE 3106 RIVERSTREAM DR EDWQRD HINZORDINANCE NO. ORD-00-949 AN ORDINANCE GRANTING A MINOR VARIANCE TO THE REAR BUILDING SETBACK AT 3106 RIVERSTREAM DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Edward Hinz requesting a Minor Variance to the minimum rear building setback in the RS-3 zoning district from 25 feet to 20 feet at 3106 Riverstream Drive to allow construction of a screen porch; and WHEREAS, a public hearing on said petition was held before the Zoning Board of Appeals on January 17, 2000, 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 3106 Riverstream Drive and legally described below be granted a Minor Variance to Table 4 of the Zoning Ordinance to the reduce the minimum rear building setback in the RS-3 zoning district from 25 feet to 20 feet. LEGAL DESCRIPTION: Lots 16 and 17 (except that part of Lot 16 described as follows: Commencing at the most Westerly corner of Lot 16; and thence Northeasterly along the Northwesterly line of said lot 16, 157.0 feet, more or less, to the most Northerly corner of said Lot 16; thence Southeasterly along the Northeasterly line of said Lot 16, 60.0 feet; thence Southwesterly 141.5 feet, more or less, to a point on the Southwesterly line of said Lot 16, said point being 12.3 feet Southeasterly of the most Westerly corner of said Lot 16; thence Northwesterly along the Southwesterly line of said Lot 16, 12.3 feet to the point of beginning), in Riverstream Subdivision to the City of McHenry, Illinois, a Subdivision of part of Lots 2 and 3 of the County Clerk's Plat of part of Section 35 and part of Section 36, all in Township 45 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded August 26th, 1959 as Document No. 359018 in Book 14 of Plats, page 36, 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: 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 AYS: NAYS: ABSTAINED: ABSENT: NOT VOTING: PWE APPROVED THIS ATTEST: DAY OF FEBRUARY , 2000 BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD. NONE. NONE. NONE. 2ND DAY OF FEBRUARY �ffl EEW MAN 2000 1'�� &Z'z YOR 333 South Green Street Clerk's Office and Administration (815) 363-2100 Fax (815) 363-2119 Public Works, Building and Zoning (815) 363-2170 Fax (815) 363-2173 Parks and Recreation (815) 363-2160 Fax (815) 363-2173 Police (Non -Emergency) (815) 363-2200 Fax (815) 363-2149 Mayor Steven J. Cuda City Clerk Pamela J. Althoff Treasurer David M Welter Aldermen WARD 1 William J. Bolger WARD 2 Andrew A. Glab WARD Frank S McClatchey WARD 4 Steven C. Murgatroyd WARD 5 William V. Baird City of McHenry McHenry, Illinois 60050-5495 C E R T I F I C A T I O N I, Pamela J. Althoff, City Clerk in and for the City of McHenry, Illinois, and keeper of the official records, files„ and seal thereof, do hereby certify that the attached document is a true and correct copy of the McHenry City Ordinance No. Ord-00- 948 providing for an abatement of real estate taxes in the amount of $1,600,000 levied for the 1999 Tax Levy Year for repayment of Series 1997B General Obligation Bonds issued to defray the cost of expanding and improving the South Wastewater Treatment Plant for the City of McHenry. Said ordinance was passed and approved at a regular City Council Meeting held on the 12t' day of January, 2000 and was signed by the Mayor on January 12, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of McHenry, Illinois this 13th day of January, 2000. (SEAL) Pamela J. Alth f, City rk of the City of McHenry, llinois Document prepared by: The City of McHenry Office of the City Clerk 333 S. Green St. McHenry, IL 60050