HomeMy WebLinkAboutOrdinances - O-84-346 - 10/01/1984 - GRANT VARIANCE TO BUCHS 1307 PARK STREET FOR APARTORDINANCE NO. 0-84-346
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, hereinafter
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 held on said Petition on the 13th
day of September, 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 application 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 1. 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 area of the subject prop-
erty, particular and undue hardships would result if the strict letter
of the regulations'w6re carried out,if Henry E. Buch and Alice C. Buch
were not allowed a variation as requested for the building alteration
and modification.
(b) That conditions upon which the Petition for Variation is
based are unique and would not be applicable generally to other prop-
erties within the same zoning classification.
(c) The purpose of the variation is not based exclusively upon a
desire to make more money out of the property although the Petitioners
hope that if the variation is granted the additional variation will be
economically profitable, as well as provide additional needed apart-
ments in 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 detri-
mental 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 Henry E. Buch and
Alice C. Buch 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 grant a variation to permit
Henry E. Buch and Alice C. Buch to alter or modify said subject
property allowing apartment use for the first and second floor but not
in the basement at the same time. And, in the event a commercial use
is obtained on the first floor Henry E. Buch and Alice C. Buch would
have the right to use said property as any other "B-1" property, to
wit, apartment use above and below the commercial use.
The property to which this variation is applicable is
located at 1307 Park Street, and is a rectangular parcel with approx-
imate dimensions of 66 feet by 132 feet and legally described as
follows:
Lot 7 (except the West 99 feet of Lot 7) and Lot 8 in Block
20 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.
SECTION 4. That all ordinances or parts thereof in conflict
herewith be and the same are hereby repealed.
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SECTION 5. This Ordinance shall be in full force and effect from
and after its passage, approval and publication as provided by law.
PASSED this 1st , day of October , 1984.
AYES: Bolger, Busse, Datz, McClatchey, Nolan, Serritella, Smith, Snell
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
APPROVED this 1st day of October 1984.
Mayor
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