HomeMy WebLinkAboutOrdinances - ORD-03-1142 - 05/05/2003 - GRANT USE VARIANCE 2730 BARNEY CT CC VETTE1, _ .ORDINANCE NO. gR4
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AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A CORVETTE REPAIR
AND RESTORATION BUSINESS FOR PROPERTY LOCATED AT 2730 BARNEY
COURT, IN THE ADAMS COMMERCIAL CENTRE, IN THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Craig Cone, CC Vette, Inc., (the
"APPLICANT) requesting a Use Variance to allow a Corvette repair and restoration business for
property located on Lot 11 in the Adams Commercial Centre, legally described on Exhibit "A"
attached hereto and incorporated herein, (the "SUBJECT PROPERTY"), said Use Variance
specifically for CC-Vette, the "ESTABLSHMENT", 2730 Barney Court, located at the SUBJECT
PROPERTY; and
WHEREAS, a public hearing on said petition was held before the Planning and Zoning
Commission on April 3, 2003 in the manner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission did
recommend to the City Council the granting of the requested Use Variance; and
WHEREAS, the City Council has considered the evidence and recommendation from the
Planning and Zoning Commission and finds that the approval of the requested Use 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 is hereby granted a Use Variance to allow only
the APPLICANT and his ESTABLISHMENT to operate a corvette repair and restoration business
subject to the condition that there is no outside storage of cars or any other materials on the
SUBJECT PROPERTY.
SECTION 2: In granting said Use Variance, the City Council finds that the requirements of
Table 32(A) of the Zoning Ordinance have been met in that:
1. The strict application of the provisions of the Zoning Ordinance relating to the use of the
buildings or structures, or the use of the land, would result in unnecessary and undue
hardship upon the applicant, as distinguished from a mere inconvenience.
2. The property cannot yield a reasonable return if permitted to be used only under the
conditions allowed by the regulations of the Zoning Ordinance for the applicable zoning
district without the Use Variance.
3. Special circumstances exist that are peculiar to the property for which the Use Variance is
sought and that do not apply generally to other properties in the same zoning district.
4. The granfing of the Use 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.
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5. The granting of the Use 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.
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 5TH DAY OF MAY , 2003
AYES: BOLGER, GLAB. LOW. MURGATROYD. WIMMER. PETERSON, CONDON
NAYS:
NONE
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 5TH DAY OF
ATTEST:
C.
CI ERK
MAY
2003
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
LOT 11 IN ADAMS COMMERCIAL CENTRE BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF
SECTION 25. AND PART' OF THE NORTHWEST QUARTER ' OF 'SfECTION '"3.6., ALL IN TOWNSHIP' 45
NORTH, RANGE '8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED DECEMBER 8, 1999 AS DOCUMENT NO. 19.99R0083506 :IN McHENRY COUNTY, ILA INOIS.
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