HomeMy WebLinkAboutOrdinances - ORD-04-1223 - 09/20/2004 - GRANT VARIANCE 5003 BROMLEY DR CICHOWSKIORDINANCE NO. ogr)-04-122.1
AN ORDINANCE GRANTING A VARIANCE OF THE
SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED
AT 5003 BROMLEY DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Thomas E. Cichowski requesting a side yard
building setback Variance for the property located at 5003 Bromley Drive, 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
September 2, 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 3.32-foot side yard building setback
Variance to allow a 4.08 foot side yard building setback on the west property line.
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 2A DAY OF _ , 2004
AYES: BOLGER, GLAB, LOW, M RGATROYD, WIMMER,
NAYS:
NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: m n N F
PETERSON, CONDON
APPROVED THIS 01 DAY OF �1��. 12004
YOR
ATTEST:
1
CITY C
2
EXHIBIT "A"
Legal Description of the SUBJECT PTOPERTY
Lot 18 in Block 37 in Boone Valley Plat NO. 9, being a subdivision of parts of
Sections 33 and 34, Township 45 North, Range 8 East of the Third Principal
Meridian, according to the plat thereof recorded May 10, 1976 as Document No.
662902, in McHenry County, Illinois.
P,.
. -,,.,, , jL vu. e, oeing a subdivision of parts of
sections 33 and 34, Township 45 North, Range 8 East of the Third Principal Meridian,
according to the plot thereof recorded May 10, 1976 as Document No. 662902, in
McHenry County, Illinois.
Brom / ey Drive
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