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Council approves zoning variation for 1511 North Green Street; staff to verify historic use
Summary
The City Council passed an ordinance granting a use variance and zoning variations for 1511 North Green Street and directed staff to verify whether the nonconforming use lawfully existed prior to the city's 1986 zoning ordinance.
The City Council of McHenry voted to approve a zoning variation for the property at 1511 North Green Street, passing the ordinance by roll call after a brief discussion on verifying the property's historic status.
Alderman Alvin Dorey made the motion to approve the zoning variation and Alderman Aldwin Davis seconded; the council approved the item by roll call.
Why it matters: the council emphasized that properties seeking a variance must demonstrate they lawfully existed prior to the city—s 1986 zoning ordinance if they are claiming a grandfathered, nonconforming use.
During discussion a council member noted that “they have to prove that it was lawfully existed prior to our 1986 ordinance” and described staff review practices — reviewing tax records and water billing to establish continuity of use. Council members said the area contains many older properties and staff should document whether uses predate the ordinance.
There was no public comment on the item. The ordinance passed on the council roll call and staff will continue the record checks described in the meeting.
Discussion versus decision: discussion focused on the standard of proof for grandfathering nonconforming uses; the formal decision was adoption of the ordinance granting the requested variance for 1511 North Green Street.
