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HomeMy WebLinkAboutOrdinances - ORD-17-1836 - 07/03/2017 - USE VARIANCE 3405 W ELM STREET - TATTOO PARLORORDINANCE NO.ORD-17-1836 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TATTOO PARLOR AND ART STUDIO AT 3405 W ELM IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City %J McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the 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 Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Justin and Cory Murov 38160 N 4th Avenue, Spring Grove, IL 60081 requesting a use variance to allow a tattoo parlor and art studio 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 June 21, 2017 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission unanimously recommended approval of the use variance; and WHEREAS, the City Council has considered the evidence and recommendations 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 l: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a tattoo parlor and art studio on the subject property with the following conditions: • Use variance shall expire and become null and void if the tattoo parlor use ceases for a period of six consecutive months; • No piercing is allowed on the subject property, • Appropriate state licensure and inspections by the McHenry County Health Department shall be obtained and completed prior to any tattooing being done at the subject property; • The windows facing Elm Street shall not be covered; blocked or sight -line into the building impeded in any manner with the following exception; interior signage may be placed on the windows, however any signage must relate to the business and not cover more than 50% of the total window area; window display shall be in substantial conformance with attached drawing attached hereto and incorporated herein as Exhibit B; • Sign for proposed business shall be in substantial conformance with the wooden sign depicted on the cover of the business plan attached hereto and incorporated herein as Exhibit C. SECTION 2: In granting said Use Variance, the City Council finds that the requirements ATable 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 3rd to day of DULY , 2017 AYES: Condon, Mihevc, Devine, Curry, Santi, Glab, Schaefer NAYS: None ABSENT: None ABSTAINED: None 1 ayor ATTEST: N� City Clerk EXHIBIT A Part of Lots 1 and 4 of Block 25 of the original plat of the Village of McHenry, on the West side of the Fox River, according to the Plat thereof, recorded at the Recorder's Office of McHenry County, Illinois, in Book "B" of Deeds, on Page 160, bounded and described as follows: beginning at the most northerly corner of said Lot 1, thence south 57 degrees east, along the northerly line of said Lot 1, 42 feet; thence south 23 degrees west, parallel with the westerly lines of said lots, 132 feet, more or less, to the southerly line of said Lot 4; thence north 67 degrees west, along the said southerly line, 42 feet, more or less, to the most westerly corner of said Lot 4; thence north 23 degrees east, along the westerly line of said Lots, 132 feet, more or less, to the place of beginning, said block being located in and being a part of the southeast quarter of Section 26, Township 45 north, Range 8 east of the Third Principal Meridian, and situated, lying and being in the City of McHenry, County of McHenry and State of Illinois and recorded as Document 2014R0023470 in McHenry County, Illinois. Commonly known as 3405 W. Elm Street. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Window Display 14 Heaver or rMc rox __ -_ .._ - - r �",�_ . - -' -mac_ ads, ••- - - - -"