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.