HomeMy WebLinkAboutOrdinances - ORD-06-1317 - 06/19/2006 - GRANT VARIANCE 1502 N GREEN ST CARSTENSORDINANCE NO.ORD-06-1317
AN ORDINANCE GRANTING A VARIANCE TO ALLOW THE PLACEMENT OF A HOT TUB
WITHIN 8-FEET OF THE SIDE AND REAR PROPERTY LINES
AT 1502 NORTH GREEN STREET
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Josh Carstens requesting a Variance to locate
a hot tub within 8-feet of the side and rear property lines for the property 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 June 1, 2006, in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the vote of the Planning and Zoning Commission
recommending approval of the requested Variance was unanimously approved (4-0); and
WHEREAS, the City Council has considered the evidence and recommendations 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 be granted a Variance to allow placement of a hot tub
within 8-feet of a property line, in accordance with the site plan attached hereto as Exhibit B, provided the
applicant applies for the necessary permit and inspections.
SECTION 2: In granting said Variance, the City Council finds that 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 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 JUNF , 2006
AYES:
NAYS:
ABSTAINED:
SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON.
NONE
NONE
ABSENT: NnNF
NOT VOTING: m,NF
APPROVED THIS 19TH DAY OF
ATTEST:
CIT CLE
JUNE 92006
YOR
EXHIBIT A
The Southerly 16-feet of Lot 10 and Lot 11 (excepting from said lots, 56-feet off from the entire east side
thereof) in Block 10 in the original plat of McHenry, on the west side of the 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.
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