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HomeMy WebLinkAboutOrdinances - ORD-05-1255 - 05/02/2005 - AMEND O-90-522 GRANT VARIANCE 1602 N RIVERSIDE DRIORDINANCE NO. ORD-05-1255 AN ORDINANCE AMENDING ORDINANCE 0-90-522 GRANTING A VARIANCE OF THE CORNER SIDE YARD BUILDING SETBACK FOR THE PROPERTY LOCATED AT 1602 N. RIVERSIDE DRIVE, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, Ordinance 0-90-522 granted a Variance to allow, among other things, a south corner side yard setback of 6 feet for the property located at 1602 N. Riverside Drive, legally described on Exhibit "A", attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, during the construction of the foundation for said home, the concrete contractor misplaced the foundation resulting in a south corner side yard setback of 5.52 feet; and WHEREAS, a petition has been filed with the City by Frederick E. Hult requesting a comer side yard building setback of 5.52 feet for the SUBJECT PROPERTY; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 7, 2005, 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 Ordinance 0-90-522 is hereby amended and the SUBJECT PROPERTY is hereby granted a Variance to allow a 5.52 foot corner side yard building setback on the south 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 2ND DAY OF MAY 2005 AYES: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON NAYS: NONE ABSTAINED: NONE ABSENT: NONE NOT VOTING: NO N F APPROVED THIS 2ND DAY OF MAY 12005 AYOR ATTEST: QAAA,A� ITY CLERK BY DEPUTY CLERK KATHLEEN M KUNZER W EXHIBIT "A" Legal Description of the SUBJECT PROPERTY Lot 5 in Block 6 in the Original Plat of McHenry, on the west side of Fox River, a Subdivision of part of the Southeast Quarter of Section 26, Township 45 North Range 8 East of the Third Principal Meridian according to the Plat thereof recorded July 6, 1840 in Book "B" of Deeds, page 160 in McHenry County, Illinois.