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HomeMy WebLinkAboutOrdinances - O-84-336 - 04/30/1984 - GRANT VARIANCEWHALE'S TAILORDINANCE NUMBER 0-84-336 STATE OF ILLINOIS ) COUNTY OF McHENRY ) SS. CITY OF McHENRY ) AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS WHEREAS, the question of enacting the variation, herein- after provided for, of the Zoning Ordinance of the City of McHenry, came before the Zoning Board of Appeals of the City pursuant to a Petition to hold a public hearing thereon; AND WHEREAS, notice as required by said Zoning Ordinance was published fixing the date of the hearing on said Petition, and the necessary notices were given to adjoining and abutting property owners; AND WHEREAS, a public hearing was had on said Petition on the 12th day of April, 1984, at the hour of 7:30 P.M.; AND WHEREAS, said Board of Appeals has made recommendations and has submitted findings of fact to the City Council; AND WHEREAS, it appears that there are practical difficulties and particular and undue hardships resulting from the ap- plication of the strict letter of the Zoning Ordinance to the property in question. NOW, THEREFORE, BE IT ORDAINED by the MAYOR and CITY COUNCIL of the City of McHenry, County of McHenry and State of Illinois, THAT: SECTION l: The City Council expressly finds: (a) Due to the particular surroundings of the subject property, as well as the geographic location of the subject property and the related uses of properties in the immediate 1 area of the subject property, particular and undue hardships would result if the strict letter of the regulations were carried out if GREGORY A. DIERKES D/B/A WHATE'S TAIL was not allowed a variation as requested for the building alteration for use as a solarium dining area. (b) The conditions upon which the Petition for Variation is based are unique and would not be applicable generally to other properties within the same zoning classification. (c) The purpose of the variation is not based ex- clusively upon a desire to make more money out of the property although the Petitioner hopes that if the variation is granted the additional variation will be economically profitable as well as provide services to the community. (d) That the difficulty or hardship has not been created by any person presently having an interest in the property. (e) The granting of the variation will not be materially detrimental to the public welfare or injurious to other property for improvements in the neighborhood in which the property is located. (f) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. SECTION 2. As a result of the foregoing findings, the City Council hereby concludes that enforcement of said Zoning Ordinance prohibiting the subject property from being altered or modified would impose a practical difficulty and hardship on GREGORY A. DIERKES D/B/A WHALE'S TAIL which was not intended and which is not common to other property owners in the area. SECTION 3. The application of the Amended Zoning Ordinance of the City of McHenry, is hereby varied to permit GREGORY A. DIERKES D/B/A WHALE'S TAIL to improve, 2 alter and modify the subject property for the construction of a solarium dining area and its related uses in ac- cordance with the plans and specifications attached to, submitted with and made a part of the Petition For Variation submitted in this matter by Gregory A. Dierkes; to wit; the construction of a concrete wall upon and upwards from the existing foundation immediately adjacent to the front sidewalk. The property to which this variation is applicable is located at 3425 West Pearl Street, and is a rectangular parcel with approximate dimensions of 50 feet by 132 feet with approximately 50 feet of frontage on Pearl Street and 132 feet of frontage on Green Street. Said property is legally described as follows: The Westerly 50 f eet of Lots 2 and 3 in Block 21 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, ac- cording to the Plat thereof recorded July 6, 1840 in Book B of Deeds, page 160, in McHenry County, Illinois. SECTION 4. That all ordinances or parts thereof in conflict herewith be and the same are hereby repealed. SECTION 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication pursuant to laws. PASSED this 30th day of April , 1984. AYES: Nolan, Bolger, Datz, Busse, Smith, McClatchey, Serritella, Snell NAYES: None ABSENT: None Approved this 30th Ma or, City of McHenry Attest: City Clerk City of McHenry 3