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