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HomeMy WebLinkAboutOrdinances - ORD-18-1859 - 03/19/2018 - USE VARIANCE 3929 MAIN STORDINANCE NO.ORD-18-1859 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW A TATTOO PARLOR AT 3929 W MAIN STREET IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of 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 Crimson Peak Tattoo, 2412 W Fairview Lane, McHenry, IL 60051 requesting a use variance to allow a tattoo parlor at 3929 W Main Street, 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 February 14, 2018 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 1: The SUBJECT PROPERTY is hereby granted a Use Variance to allow a tattoo parlor on the subject property subject to the following conditions: • The use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months; • There shall be no coverings, other than the exception below, of any kind placed over, on and/or adhered to the windows unless approved by staff; • Any signage/window art shall be consistent with the applicant's proposed business name "Crimson Peak" and/or the artwork, consistent with that submitted as part of the applicant's public hearing application; • The applicant shall not conduct any tattooing without proof of current State of Illinois/McHenry County Health Department of Health Licensure for Tattooing. 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 Adopted this 19th day of March 2018. Voting Aye: CONDON, DEVINE, MIHEVC, SCHAEFER Voting Nay: CURRY, GLAB, SANTI Absent: NONE k4-0-- k1 ay r )Vayne Jett ATTEST: Deputy City Clerk Marci If a y Exhibit A Legal Description 3929 MAIN STREET SUB -LOT 2 OF LOT 3 IN BLOCK 4 IN THE COUNTY CLERK'S PLAT OF PART OF BLOCKS 3 AND 4 IN THE ORIGINAL PLAT OF WEST MCHENRY (KNOWN AS MCHENRY PLAT NO. 10). BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIANC ACCORDING TO THE PLAT THEREOF, RECORDED MAY 6, 1902 AS DOCUMENT NO. 14086, IN BOOK 2 OF PLATS, PAGE 39, IN MCHENRY COUNTY, ILLINOIS.