ORDINANCE NO. 2003-55
AN ORDINANCE GRANTING A VARIANCE FROM THE CODE OF ORDINANCES OF THE VILLAGE OF VERNON HILLS, APPENDIX C – ZONING ORDINANCE, SECTION 22.214.171.124, FOR THE PROPERTY LOCATED AT 9 CASTLEGATE COURT FOR THE PURPOSE OF ALLOWING AN 8'x8' STORAGE SHED TO BE INSTALLED IN THE WEST SIDE YARD OF A R-5 RESIDENTIALLY ZONED PROPERTY.
WHEREAS, Richard Barker, 9 Castlegate Court, on June 23, 2003, filed an application requesting a variance for permission to install a 8'x8' storage shed in the west side yard of their residentially-zoned property; and
WHEREAS, Section 126.96.36.199 of the Village of Vernon Hills Zoning Ordinance requires storage sheds and similar accessory structures to be located in the rear yard; and
WHEREAS, a public hearing was held on this application by the Zoning Board of Appeals at its meeting held on July 31, 2003, after due notice thereof by publication, mailing, and posting of the property; and
WHEREAS, the premises is zoned R-5; and
WHEREAS, the Zoning Board of Appeals, having fully heard the testimony and arguments of the parties and being fully advised in the premises, found that in this case sufficient facts were presented which, in its judgment, would justify recommending approval of a variance from the rear yard location as required in Section 188.8.131.52 of the Zoning Ordinance; and
WHEREAS, the Village Board, being fully apprised of the testimony and arguments of the parties and being fully advised in the premises, found that in this case sufficient facts were presented which, in its judgment, would justify it in approving an ordinance granting a variance from the rear yard location as required in Section 184.108.40.206 of the Zoning Ordinance; and
WHEREAS, THE PRESIDENT AND BOARD OF TRUSTEES HAVE, WITH THE FINDINGS OF THE ZONING BOARD OF APPEALS, FOUND:
1. that the variation would be in harmony with the general intent and purpose of the zoning ordinance and consistent with the public interest for the residents of the Village;
2. that there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the zoning ordinance relating to the use, construction or alteration of buildings or structures or the use of the land;
3. that the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
4. that the plight of the owner is due to unique circumstances;
5. that the variation, if granted, will not alter that essential character of the locality;
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, LAKE COUNTY, ILLINOIS AS FOLLOWS:
A. That all of the foregoing paragraphs are hereby made part of this ordinance.
B. That the above-requested variation is hereby granted, subject however to the following conditions.
1. That the variation authorized must commence within a period of twelve months from the date of this decision otherwise this variance and any permit granted based thereon shall be null and void.
2. That the storage shed shall be located a minimum of seven (7) feet from the property line and three (3) feet from any building or structure.
4. If any plan has been presented to the Board, the construction thereon indicated shall be in exact accordance with said plan and subject to any condition(s) noted by the Plans Examiner.
5. The Owner/Applicant shall comply fully with all other requirements of the Zoning Ordinance and all requirements of the building regulation ordinance, subdivision ordinance and all other ordinances and regulations of the Village of Vernon Hills, and Statutes of the State of Illinois.
SECTION II. SEVERABILITY. In the event that any section, clause, provision, or part of this ordinance shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. If any part of this ordinance is found to be invalid in any one or more of its several applications that are severable from the invalid applications shall remain in effect.
SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions or causes of action which shall have accrued to the Village of Vernon Hills prior to the effective date of this ordinance.
SECTION IV. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
SECTION V. PUBLICATION. This ordinance shall be published in pamphlet for in the manner provided by law.
SECTION VI. ORDINANCE NUMBER. This ordinance shall be known as Ordinance Number 2003-55.
Adopted by roll call vote as follows:
ABSENT AND NOT VOTING:
PUBLISHED IN PAMPHLET FORM: