HomeMy WebLinkAboutOrdinances - ORD-04-1212 - 07/19/2004 - GRANT VARIANCE 1803 REDWOOD LANE MARTINEZV
ORDINANCE NO. ORD-04-1212
AN ORDINANCE GRANTING A VARIANCE TO ALLOW A SWIMMING POOL IN A
REQUIRED FRONT YARD FOR THE PROPERTY LOCATED AT 1803 REDWOOD LANE, IN
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Ricardo and Johanna Martinez requesting a
Variance to allow a swimming pool in a required front yard for the property located at 1803 Redwood
Lane, 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 July 1, 2004, 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 allow a swimming
pool in the required front yard along McCullom Lake Road.
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 19TH DAY OF JU LY , 2004
AYES:
NAYS:
ABSTAINED:
ABSENT:
BOLGER, GLAB, LOW, MURGATROYD, WIMMER,PETERSQN, CONDON
NONE
NONE
NONE
NOT VOTING: NONE
APPROVED THIS 19TH DAY OF JU LY , 2004
ATTEST:
C.
CITY CL C
0
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EXIT BIT "A"
Legal Description of the SUBJECT PROEPRTY
Lot 71 in the Oaks of McHenry Phase Two, being a subdivision of part of the Northeast Quarter of
Section 26, and part of the Southeast Quarter of Section 23, Township 45 North, Range 8, east of the
Third Principal Meridian, according to the plat thereof, recorded April 28, 1999 as Document No.
1999R0031334, in McHenry County, Illinois.
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