HomeMy WebLinkAboutOrdinances - O-96-798 - 09/04/1996 - GRANT VARIANCE STEVE BUSS 4011 W MAIN STSTEPHEN E. BUSS, Petitioner ) Ordinance No. 0-96-798
4011 West Main Street )
McHenry, Illinois 60050 ) Zoning file No. Z-408
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF McHENRY, ILLINOIS BY GRANTING
A VARIANCE THEREON
WHEREAS, a written Petition signed by STEPHEN E. BUSS has been filed
with the City Clerk of McHenry, Illinois requesting the granting of a Variance
under the provisions of the City of McHenry Zoning Ordinance as amended for the
following described property, to -wit:
That part of the Northwest Quarter of Section 35 and the Southwest
Quarter of Section 26, all in Township 45 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the
Northwest corner of said Section 35; thence along an assumed bearing
of North 89 degrees 53 minutes 02 seconds East along the North line of
said Northwest Quarter, 92.22 feet to the place of beginning; thence
continuing North 89 degrees 53 minutes 02 seconds East along said
North line, 107.00 feet; thence North 00 degrees 06 minutes 58 seconds
West, 66.16 feet to a point on the Westerly right of way line of
Chicago and Northwestern Railway Company; thence North 12 degrees 20
minutes 32 seconds West, along said Westerly right of way line, a
distance of 256.15 feet to the South line of Main Street; thence South
86 degrees 20 minutes 00 seconds West, a distance of 151.09 feet to
West line of said Section 26; thence South 01 degrees 10 minutes 50
seconds East, along the West line of said Section 26, a distance of
307.14 feet, to the Southwest corner of said Section 26, being also
the Northwest corner of said Section 35; thence South Ol degrees Ol
minutes 32 seconds East, a distance of 141.92 feet; thence North 88
degrees 58 minutes 29 seconds East, a distance of 89.97 feet, to the
Southwest corner of lands described as parcel 1 in Document No.
916904; thence North 00 degrees 03 minutes 49 seconds West, along the
West line of lands described as Parcel 1 in said Document No. 916904,
a distance of 140.46 feet, to the point of beginning, in McHenry
County, Illinois.
commonly known as 4011 W. Main Street, McHenry, Illinois 60050.
WHEREAS, the Petitioner is requesting a variance to permit the
construction of an addition in the front yard with said construction requiring a
variance as to the front yard setback from 40 feet to 32.6 feet as required by
the City of McHenry Zoning ordinance, and;
WHEREAS, a hearing was held on said Petition before the City of
McHenry Zoning Board of Appeals on March 18, 1996, at which time the Zoning
Board of Appeals did take evidence and view exhibits presented thereat by the
Petitioner, and;
WHEREAS, based on evidence heard, the Zoning Board of Appeals found
that there was no overriding reason for not granting the requested zoning
variance, and;
WHEREAS, the Zoning Board of Appeals found, and the City Council
concurs in that finding, that it would serve the interests of the City if said
variance were granted for the Petitioner.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, as follows:
SECTION 1: That a variance as to the front yard setback is hereby
granted on the foregoing legally described property commonly known as 4011 W.
Main St., McHenry, Illinois to permit the construction of an addition on the
subject premises with a minimum front yard setback of 32.6 feet but that, even
with this variance, the subject property owner will still be required to comply
with all requirements as to new construction.
SECTION 2: That the City Council finds that in granting this
variance, the following findings have been proved before this body:
A. 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.
B. Since a variance will affect the character of its surroundings
long after a property changes hands the special circumstances referenced herein
relate only to the physical character of the land or building for which a
variance is sought, such as dimensions, 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, nor to the personal, business or
financial circumstances of such owner or tenant or any other party with interest
in the property.
C. The special circumstances that are the basis for a variance have
not resulted from any act of the applicant or of any other party with interest
in the property.
D. The strict application of the provisions of the City of McHenry
Zoning Ordinance would result in unnecessary, and undue hardship upon the
applicant, as distinguished from mere inconvenience.
E. 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.
F. The grant of a variance is necessary, not because it will increase
the applicant's economic return, although it may have this effect, but because
without a variance the applicant will be deprived of any reasonably use or
enjoyment of the property.
G. The granting of the 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.
H. The granting of a variance will be in harmony with the general
purpose and intent of the City of McHenry Zoning Ordinance and the City of
McHenry Comprehensive Plan, as viewed in light of any changed conditions since
their adoption.
I. The variance requested is the minimum required to provide the
applicant with reasonably use and enjoyment of his 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,
Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and
after its passage, approval and publication form, as provided by Law.
PASSED this 4th day of Septanber , 1996.
AYES: Bolger, Locke, Bates, Lawson, Baird
NAYS: None
ABSTAINED: None —
ABSENT: None
NOT VOTING: None
APPROVED this 4th day of g trmhpr ,1 996.
ATTEST:
City Cl