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
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ATTEST:
Deputy City Clerk Marci If
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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.