HomeMy WebLinkAboutOrdinances - ORD-03-1146 - 06/02/2003 - GRANT USE VARIANCE 5016 W ELM DECARLOORDINANCE NO. nRn-m-> > a6
AN ORDINANCE GRANTING A USE VARIANCE
TO ALLOW A SINGLE-FAMILY RESIDENTIAL USE
ON PROPERTY LOCATED AT 5016 W. ELM ST.,
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
WHEREAS, a petition has been filed with the City by Paul DeCarlo, (the "APPLICANT)
requesting a Use Variance to allow a single-family residential use on property located at 5016
W. Elm St., 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 April 17, 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, as
conditioned herein, 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
a single-family residential use thereon subject to the condition that said residential use shall
expire on June 2, 2006. Upon expiration, the SUBJECT PROPERTY shall conform to the use
regulations of the C-5, Highway Commercial zoning classification of the City.
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 granting 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.
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 2ND DAY OF JUNE , 2003
AYES: BOLGER, LOW,PETERSON, CONDON
NAYS:
ABSTAINED:
GLAB, MURGATROYD, WIMMER
NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 2ND DAY OF JUNE , 2003
ATTEST:
MAYOR
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Exhibit "A"
Legal Description of the SUBJECT PROPERTY
Lot 10 in Block 19 in Lakeland Park Unit 2, being a Subdivision of the Northwest Quarter and part of the
Southwest Quarter of Section 27, Township 45 North, Range 8, East of the Third Principal Meridian,
according to the Plat thereof, recorded December 12, 1952 as Document No. 260030, in Book 11 of
Plats, page 66, in McHenry County, Illinois.
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