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HomeMy WebLinkAboutOrdinances - ORD-08-1440 - 10/20/2008 - GRANT USE VARIANCE RES USE IN C4 DISTRICT 1213 N RORDINANCE NO.ORD-08-1440 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW RESIDENTIAL USE ON THE FIRST FLOOR OF A BUILDING LOCATED IN THE C-4 DOWNTOWN COMMERCIAL DISTRICT AT 1213 NORTH RIVERSIDE DRIVE IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS., a petition has been filed with the City by property owner Demos Archos, requesting a use variance to allow first floor residential use on the property located at 1213 North Riverside Drive a building in the C-4 Downtown Commercial Zoning District; and, the SUBJECT PROPERTY" is legally described on "Exhibit A", attached hereto and incorporated herein, and WHEREAS., a public hearing on said petition was held before the Planning and Zoning Commission on October 2, 2008 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended denial of the requested use variance; and WHEREAS, the City Council has considered the evidence and recommendations, from the Planning and Zoning; Commission; however, the City Council 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 be granted a Use Variance to allow residential use of the first floor of the SUBJECT PROPERTY , subject to the following conditions: 1) The applicant shall meet all building code requirements and secure a Certificate of Occupancy for residential use; 2) Current property maintenance issues shall be brought into compliance, 3) All inoperable vehicles shall be removed from the premises; 4) All vehicles shall be parked on an approved parking surface on the premises; 5) Said Use Variance shall be temporary and shall be for one year only and shall expire on October 20, 2009; 6) Said Use Variance shall permit only one residential dwelling unit on the first floor of the building; on the Subject Premises. 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) For reasons fully set forth in the written findings, 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 mere inconvenience. 2) The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the Zoning Ordinance for the pertinent zoning district. 3) Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they 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 a use variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the City's Comprehensive Plan. 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 and approved. this 20"' day of October2008 AYES: Santi, Schaefer, Murgatroyd, Wimmer, Condon. NAYS: Glab, Peterson. ABSTAINED: None. ABSENT: None. NOT VOTING: None. J',e,� Z ;�f — MAYOR ATTEST: CITY CL Exhibit A Legal Description of the SUBJECT PROPERTY The southwesterly half of Lot 4 in Block 26 in the original plat of McHenry on the west side of the Fox River, a subdivision of part of the southeast quarter of Section 26, Township 45 North, Runge 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.