HomeMy WebLinkAboutOrdinances - ORD-01-1033 - 09/17/2001 - GRANT VARIANCE 5816 LANDCASTER CIRORDINANCE NO. ORD-01-1033
AN ORDINANCE GRANTING A VARIANCE TO THE REQUIRED
FRONT BUILDING SETBACK AT 5816 LANDCASTER CIRCLE,
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Gerstad Builders, Inc.
requesting a variance to the required thirty (30) foot front building setback to permit
the continued use of an existing residence at 5816 Landcaster Circle in the City of
McHenry; and
WHEREAS, a public hearing on said petition was held before the Zoning Board
of Appeals on August 30, 2001, 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 known as 5816 Landcaster Circle,
and legally described below, is hereby granted a variance to Table 6 of the Zoning
Ordinance to allow a front building setback of approximately 26.65 feet to permit the
continued use of the existing residence.
LEGAL DESCRIPTION
LOT 41 IN BOONE CREEK UNIT FOUR, BEING A SUBDIVISION OF PART
OF THE WEST HALF OF SECTION 33, IN TOWNSHIP 45 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED OCTOBER 18, 2000 AS DOCUMENT NO.
2000R0056933, 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
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.
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.
2
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 17TH DAY OF cERTEMSER. , 2001
AYES: BOLGER, GLAB,LOW, WIMMER
NAYS: MURGATROYD
ABSTAINED. -
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS i �ru DAY OF , 2001
ATTEST:
C;TY , LERK
MAYOR
K3