HomeMy WebLinkAboutOrdinances - ORD-11-1577 - 12/19/2011 - USE VARIANCE COMM VEHICLEORDINANCE NO. ORD-I 1-1577
AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW AN UNAPPROVED
COMMERCIAL VEHICLE TO BE PARKED ANWOR STORED IN A RESIDENTIAL
ZONING DISTRICTAT 505 BROOKWOOD TRAIL IN THE CITV OF NICHENRY,
MCHENRV COUNTV, ILLINOIS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article V11, Section 6, ofthe 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 Consfitution of the State of Illinois; and
WHEREAS, a petition has been filed with the City by Carol and Kevin Harrington,
requesting a use variance to allow an unapproved commercial vehicle to be parked and/or
stored on the SUBJECT PROPERTY, 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 December 8, 2011 in the mariner prescribed by ordinance and statute; and
WHEREAS, as a result of said hearing, the Planning and Zoning Commission
recommended approval 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 BYTHE CITY COUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS,AS FOLLOWS:
SECTION 1: The SU BJECT PROPERTY is hereby granted a Use Variance to allow an
unapproved commercial vehicle to be parked and/or stored on the St I BJECT PROPERTY,
subject to the following conditions:
I . One unapproved commercial vehicle, with dimensions, weight and
characteristics generally consistent with those of a gross vehicle weight rating
truck classification class five medium -duty truck and appearance in substantial
conformance with the photograph, attached hereto and incorporated herein by
reference as Exhibit B, shall be permitted to be parked and/oir stored at the
subject property�
2. Commercial vehicle in question shall be permitted to lie parked and/or stored at
the subject property as long as the applicant's employer requires applicant to be
on -call 24 hours/day/7 days/week 365days/year to repair traffic signals, power
outages or the like;
3. Commercial vehicle shall be parked on an approved surface, defined by the
city's zoning ordinance, at all times while at the subject property;
4. Commercial vehicle shall not block sidewalk/right-of-wav at any time;
5. Applicant shall observe all on -street parking restrictions,
6. No other commercial vehicle, approved or unapproved, shall be parked and/or
stored on the subject property CODcurrently;
7. Applicant shall minimize noise and light impact to neighboring properties,
particularly during late hours;
8. Use variance shall expire if and when applicants no longer Utilize the subject
property as their primary residence or applicant is no longer required to be on -
call 24 hours/day 7 days/week 365 days/year for primary employment purposes.
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:
I ) 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) De 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 writien 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 hannony 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.
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Passed and approved this 19 day Of—DFCFMBFR ,2011
AYES: SCHAEFER,BLAKE,WIMMER,PETERSON,CONDON
NAYS: SANTI,GLAB
ABSTAINED: NONE
A13SENT: NONE
NOT VOTING: NONE
MAYOR
ATTEST:
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Exhibit A
Legal Description of the SUBJECT PROPERTY
Lot 3 in Unit No 2 Winding Creek Subdivision, being a subdivision of part of the
Northeast Quarter iof Section 4, Township 44 North, Range 8 East, of the Third
Principal Meridian, according to the plat thereof, recorded September 2, 1981 as
Document o 822764, in McHenry County, Illinois.
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