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HomeMy WebLinkAboutOrdinances - ORD-03-1168 - 09/03/2003 - GRANT VARIANCE 711 JOHN ST RODNEY ACKERMANORDINANCE NO.ORD-03-1168 AN ORDINANCE GRANTING A CORNER SIDE YARD BUILDING SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 711 JOHN STREET, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, a petition has been filed with the City by Rodney Ackerman requesting a corner side yard building setback Variance for the property located at 711 John Street, legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on August 21, 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 3-foot corner side yard building setback Variance. 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 harmonywith 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 3RD DAY OF SEPTEMBER. , 2003 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING APPROVED THIS ATTEST: BOLGER, GLAB, LOW, MURGATROYD, WIMMER, PETERSON, CONDON NONE NONE NONE NONE 3RD DAY OF SEPTEMBER , 2003 kcsz.0 . CITY L K i �. 2 EXHIBIT "A" Legal Description of the SUBJECT PROEPRTY LOT 38 IN MCHENRY GOLF COURSE SUBDIVISION, A SUBDIVISION OF PART OF 'THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF 'THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 10, 1929 AS DOCUMENT NO 88464, IN BOOK 7 OF PLATS, PAGE 12, IN MCHENRY COUNTY, ILLINOIS.