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HomeMy WebLinkAboutOrdinances - ORD-13-1634 - 07/01/2013 - USE VARIANCE TO ALLOW TATTOOING AT 1210 N GREEN STDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. ORD-13-1634 AN ORDINANCE GRANTING A USE VARIANCE TO ALLOW TATTOOING AT 1210 N GREEN 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 Competition Kustoms requesting a use variance allow tattooing 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 April 25, 2013 in the manner prescribed by ordinance and statute; and WHEREAS, as a result of said hearing, the Planning and Zoning Commission recommended approval of a 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 tattooing with the conditions tattooing shall not commence until staff receives a copy of the licensure to allow tattooing on the SUBJECT PROPERTY issued by the Illinois Department of Public Health through the McHenry County Health Department, and the use variance shall expire and become null and void if the tattoo use ceases for a period of six consecutive months. 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: Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us 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. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Passed and approved this 1't day of July, 2013 AYES: Santi, Blake, Wimmer, Peterson, Condon NAYS: Glab, Schaefer ABSTAINED: None ABSENT: None NOTVOTING: None MAYOR ATTEST: CITY L)ER Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us Exhibit A Legal Description of Subject Property Parcel 1- The Northeasterly 28 fast rn width of a I.I.AL AUMMY Corner of a 'f lend heretofore canvord by Edwin If. Cwen and wife VIA and Arden Wvhtr y Deed doted August I$, IM h Doad Racwds 03. pags 337: thence South 48 )long the Northerly lina Of said tract of rand, 92.4 fact uWy comer of said tract of land; thancat South 27 along the NO'-(h"9tff1Y line of Bard tract of land, 4Z?, wth 24, derea �owt, 72.96 fe0t to an Intersectran wil 1dY line Of 0 csrtOln treat of land haretofora commyed it) JQWb 801216LE by Deed doled Dacembsr 4� 14114 s Deed Feco4s 55, Toga 412; thence Northwettedy 11WORWY lint Of act tract of land cmyayed cis Z feet to the Southeasterly line of Green stra.t: thenco too Weet d the Southeasterly line of Cross Streak Me, place alfs;1nnina, in McHenry Cuunty, Illinois. Parcel 2. Part of the South Hoff of section 29 Townshlit 45 North. Range 8 East of the IhW Principal Meridlen described as fallowat Commencing at the Southeast comer of Lot 9 In Block 24. of the 1, rf9imcl Town of McHenr% accortling to Me Plat thereof recorded %Uy 6. U40, If Book B of Deeds, a 160; thence, Northwesterly along the Southerly Fini'a of Juld Block, 104000, feet to the Easterly rho of a tract of land omw yed by Seller to V)eltcl, by DwA Record Basic 357, po 21 h. thence Scathwe; starry clang the Easterly line of said trocti being a line ?at forms an angle of 33 degreer 43 minutes to the left w4th tht prolongation of the last describE I course, a distance of 41.15 feat to the southe lha of sold tract befaf; th i Northerly line of Venice Avenue txteridad; last along said Harlhaily lint extended, 27.4 feet to the Foaterly ITne extended of a Parcel of lend corl"y( d by Reg to Fltz eruld, by Deed Record Book 262, page, Sgrr thence Su*w. otedy along the Vamtorly line of sold Easterly line extended of Fitzgerald h rLds. 35.00 feat to tie Place of Begruninfir thence Southwesterly along the Scott try lInb and said EcAerly fire exterrided of Fitzgerald lands, 68.30 fast to the S )uthezist comer thereaft the" Northwesterly akng the Southerly lint of Rtzgerold's funds. 2? 40 fftl; to the as Easterly comer a a i rid convaytd by Charles E Owen and wife to Orda, b Deed Record Sock 251 c f Deeds, page 61; thence Southwesterly along the tedy line of sold Srda ract, 25.75 feat to the most Southerly corner thereof, thence Scutheastarly along the Southwastady rho We tract extended. 41.2 feet-, thence NvrtheaT !arty along a The that. forms an angla of 101 degrees 48 m1nuta to the lei`4 Nft a Prolongation of the lost detaribad course, 72.4 feet to the Southerly Ih a of Venice Avenue extended; thence East along said Southerly fine extended, 1 1.4 fast to the Northwest comer of Lot I in Black I in Verfret, Park Addition it the City Of McHenry, Unit No. 1. according to the Plot thereal recardall Mrour - 25, 1941 as Document No. 1=9aD. In Sack 7 of Flats, page 151% thence, N, rthAdy along the West lTns extended of sold Venice Fork Addithn, 35 fset; I ience Westerly an a straight Kne to the Plect of Beginning, In McHenry Count y, Illinois.