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HomeMy WebLinkAboutOrdinances - ORD-01-1039 - 10/01/2001 - GRANT VARIANCE 1114 OAKWOOD DR VERN AND CYNTHIA BLORDINANCE NO. ORD-01-1039 AN ORDINANCE GRANTING A VARIANCE TO THE REQUIRED SIDE YARD BUILDING SETBACK AT 1114 N. OAKWOOD DRIVE, IN MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Vernon and Cynthia Block requesting a variance to the required eight (8) foot side (north) building setback to construct a garage addition onto the existing residence at 1114 Oakwood Drive 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 1114 Oakwood Drive, and legally described below, is hereby granted a variance to Table 6 of the Zoning Ordinance to allow a side (north) building setback of five (5) feet to construct a garage addition onto the existing residence. LEGAL DESCRIPTION LOT 6 IN BLOCK 13 IN BOONE VALLEY PLAT NO. 3, BEING A SUBDIVISION IN THE SOUTH HALF OF SECTION 27, AND PART OF THE NORTH HALF OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 1967 AS DOCUMENT NO. 479474, 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 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. 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 AYES: 1ST DAY OF OCTOBER BOLGER, GLAB, LOW, WIMMER NAYS: MURGATROYD ABSTAINED: NONE ABSENT: NOT VOTING: NONE NONE IFOU1 APPROVED THIS IST DAY OF OCTOBER , 2001 ATTEST: CITY 7RK t' iXtL.'k, .12 MAYOR 3