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HomeMy WebLinkAboutOrdinances - 21-53 - 10/18/2021 - Use Variation 4801 W ElmCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-53 AN ORDINANCE GRANTING A USE VARIATION FOR A BODY ART ESTABLISHMENT AT 4801 W. ELM STREET Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois October 18, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 19th day of October, 2021. ORDINANCE NO 21-53 AN ORDINANCE GRANTING A USE VARIATION FOR A BODY ART ESTABLISHMENT AT 4801 W. ELM STREET WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City’s home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Jose Navarrete, “APPLICANT”, requesting approval of a Use Variation to allow a Body Art Establishment at 4801 W. Elm Street and 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 September 29, 2021 in the manner prescribed by ordinance and statute, and as a result of said meeting, the Planning and Zoning Commission did unanimously recommend approval of the request; 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 Use Variation 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 is hereby granted a Use Variation to allow a Body Art Establishment. SECTION 2: In granting said Use Variation, the City Council finds that the Approval Criteria for Use Variances listed in §11-19-6 of the City of McHenry Zoning Ordinance have been met. SECTION 3: All ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 18th day of October, 2021. Ayes Nays Absent Abstain Alderman Devine __x__ _____ _____ _____ Alderman Glab ____ __x__ _____ _____ Alderman Harding __x__ _____ _____ _____ Alderman Strach __x__ _____ _____ _____ Alderwoman Miller __x__ _____ _____ _____ Alderman Santi __x__ _____ _____ _____ Alderman McClatchey __x__ _____ _____ _____ ______________________ ________________________ Wayne Jett, Mayor Monte Johnson, Deputy City Clerk Exhibit A Legal Description of the Subject Property LOT 17 IN BLOCK 2 IN LAKELAND SHORES, UNIT NO. 3, A SUBDIVISION OF PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE CENTER LINE OF STATE ROUTE 120, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 25, 1958, AS DOCUMENT NO. 337444, IN BOOK 13 OF PLATS, PAGE 55, IN MCHENRY COUNTY, ILLINOIS. PERMANENT TAX NUMBER: 09-27-303-017