HomeMy WebLinkAboutOrdinances - ORD-03-1153 - 07/07/2003 - GRANT VARIANCE 4720 JOYCE LN PANUELAORDINANCE NO. ORD-03-1153
AN ORDINANCE GRANTING A VARIANCE
FOR A SWIMMING POOL
WITHIN THE DARTMOOR DRIVE FRONT YARD
AT 4720 JOYCE LANE
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Mario and Maliea
Panuela requesting a Variance to allow a swimming pool in the Dartmoor Drive front
yard at 4720 Joyce Lane, legally described on Exhibit "A", attached hereto and
incorporated herein, the "SUBJECT PROPERTY", and
WHEREAS, a pubic hearing on said petition was held before the Planning and
Zoning Commission on June 19, 2003, in the manner prescribed by ordinance and
statute, and as a result of said hearing, the Planning and Zoning Commission 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 Planning and Zoning Commission 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 SUBJECT PROPERTY is hereby granted a Variance to
Article X, Section A (10) and Table 19 of the Zoning Ordinance to allow the
construction of a swimming pool in the Dartmoor Drive front yard.
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 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 t DAY OF , 2003
AYES: BOLGER, GLAB, LOW, MURGATROYD, WIM ER, PETERSON, CONDON.
NAYS: NONE
ABSTAINED: NONE
ABSENT: NONE
NONE
NOT VOTING:
APPROVED THIS DAY OF , 2003
MAYOR
ATTEST:
3
EXHIBIT "A"
Legal Description of the SUBJECT PROEPRTY
Lot 126 in Park Ridge Estates Phase 3, being a resubdivision of part of Lot 98 in Park Ridge
Estates Phase 2 and being a subdivision of part of the Southwest Quarter and the Southeast
Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, City
of McHenry, according to the plat thereof recorded November 1, 2001 as Document Number
2001 R0081912, in McHenry County, Illinois
4