HomeMy WebLinkAboutOrdinances - ORD-00-982 - 10/04/2000 - GRANT VARIANCE RIVERSIDE ANIMAL CLINIC 2904 RTE 12ORDINANCE NO. ORD-00-982
AN ORDINANCE GRANTING A VARIANCE TO THE SIDE
BUILDING SETBACKS AT THE RIVERSIDE ANIMAL CLINIC,
2904 W. ROUTE 120, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Khader & Safina Shakir
(Riverside Animal Clinic) requesting a variance to the side building setbacks to permit
the construction of an addition that will match the existing side building setbacks at the
Riverside Animal Clinic, 2904 W. Route 120; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on September 11, 2000, in the manner prescribed by ordinance and statute,
and 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 know as the Riverside Animal Clinic,
2904 W. Route 120, and legally described below, is hereby granted a variance to Table
6 of the Zoning Ordinance to allow a side building setback of approximately two (2) feet
from the east property line and six (6) feet from the west property line to permit the
construction of a building addition that matches the existing building setbacks.
LEGAL DESCRIPTION
LOT 21, (EXCEPTING THEREFROM THAT PART AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF LOT 21, THENCE ON AN ASSUMED
BEARING ON NORTH 14 DEGREES 09 MINUTES 07 SECONDS EAST
ALONG THE WEST LINE THEREOF 8.45 FEET; THENCE SOUTH 75
DEGREES 11 MINUTES 55 SECONDS EAST ALONG A LINE PARALLEL WITH
THE CENTERLINE OF ILLINOIS ROUTE 120 A DISTANCE OF 66.00 FEET TO
A POINT OF THE EAST LINE OF SAID LOT 21; THENCE SOUTH 14
DEGREES 09 MINUTES 07 SECONDS WEST ALONG SAID EAST LINE 7.71
FEET TO THE SOUTHEAST CORNER OF LOT 21; THENCE NORTH 75
DEGREES 50 MINUTES 53 SECONDS WEST ALONG THE SOUTH LINE
THEREOF 66.00 FEET TO THE POINT OF BEGINNING), IN CONWAY'S
SUBDIVISION, BEING A PART OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 45 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 16, 1923 AS DOCUMENT 60164 IN BOOK 4
OF PLATS, PAGE 99, IN MCHENRY COUNTY, ILLINOIS. (PIN: 09-25-354-018)
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 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 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.
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SECTION 3: All Ordinances 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.
4TH OCTOBER
PASSED THIS DAY OF
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
APPROVED THIS
ATTEST:
12000
BOLGER, GLAB, MCCLATCHEY, MURGATROYD, BAIRD
NONE
NONE
NONE
NONE
4TH OCTOBER
DAY OF 12000
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CITY CLERK a AV
MAYOR
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