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HomeMy WebLinkAboutOrdinance #2065 - special use permit to Walter Hauber and Paige Edwards for a single family dwelling on the second floor of their business building ORDINANCE NO 2065 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO WALTER HAUBER AND PAIGE EDWARDS FOR A SINGLE FAMILY DWELLING ON THE SECOND FLOOR OF THEIR BUSINESS BUILDING. WHEREAS, a Petition for a Special Use Permit signed by Paige Edwards, building renter, and by Walter Hauber, owner of the real property hereinafter described, was filed before the Planning and Zoning Commission of the City of Canton, Illinois, requesting that a special use permit be granted to them for a single family dwelling use on the second floor of the business building owned by Walter Hauber; and WHEREAS, the parcel of real property which is the subject of this Petition is located at 65 North Main Street, Canton, Illinois and is legally described as follows: A part of Lot Fifteen (15) in Jones' First Addition to the City of Canton, described as follows: Commencing 25 feet North of the Southeast corner of said lot, running thence West to the West line of said lot, thence North 23 feet and 2 inches, thence East to the East line of said lot to a point 23 feet and 2 inches North of the place of beginning, or 48 feet and 2 inches North of the Southeast corner of said lot, thence South to the place of beginning, except 100 feet 2-1/2 inches off the West end thereof, situated in Fulton County, State of Illinois. P I N : 09-08-27-412-008 COMMON ADDRESS: 65 North Main Street, Canton, Illinois 61520 WHEREAS, Walter Hauber is the owner of record of the real property located at 65 North Main Street and there are no other owners of record; and WHEREAS, Paige Edwards is the current renter/tenant of the real property located at 65 North Main Street; and WHEREAS, all of said real property is wholly situated within the corporate limits of the City of Canton, Illinois and is presently zoned B-3, Central Business District; and WHEREAS, all petition, documents and other necessary legal requirements are in full compliance with the statues of the State of Illinois and ordinances of the City of Canton, Illinois and proper notice of the filing of the Petition for Special Use Permit was given as provided by law; and 1 WHEREAS, a public hearing was held before the Planning and Zoning Commission of the City of Canton, Illinois on November 14, 2011, pursuant to proper notice published in The Daily Ledger, a secular newspaper having a general circulation in the City of Canton, County of Fulton and State of Illinois; and WHEREAS, on November 14, 2011, the Planning and Zoning Commission of the City of Canton, Illinois recommended to the City Council of the City of Canton, Illinois that a special use permit be granted to Walter Hauber and Paige Edwards for a single family dwelling use on the second floor of the business building owned by Walter Hauber located at 65 North Main Street, Canton, Illinois 61520 as follows: a. One apartment on the second floor of the building located at 66 North Main Street, Canton, Illinois 61520; and WHEREAS, said apartment shall meet minimum code requirements and shall be subject to inspection by the buifding inspector from time to time; and WHEREAS, it is in the best interests of the City of Canton, Illinois that said special use permit be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILINOIS, AS FOLLOWS: 1. That the City Council finds as facts the recitals hereinabove set forth. 2. That a special use permit be, and the same is hereby issued to Walter Hauber and Paige Edwards for a single family dwelling use on the second floor of the business building owned by Walter Hauber located at 65 North Main Street, Canton, Illinois 61520, as follows: a. One apartment on the second floor of the building located at 66 North Main Street, Canton, Illinois 61520; and 3. That said apartment shall meet minimum code requirements and shall be subject to inspection by the building inspector from time to time. 2 4. That this special use permit shall be personal to Walter Hauber and Paige Edwards at the above stated address only. Any cessation of such use by Walter Hauber and Paige Edwards at said address shall automatically terminate this special use permit. This special use permit is not transferable by Walter Hauber or Paige Edwards and shall not be valid at any other addresses. 5. That the records of the City of Canton, Illinois, appropriate documents, maps and related regulations be, and the same are hereby amended to reflect the forgoing special use permit. 6. The ordinance is contingent on the property being brought up to City code prior to occupancy and all codes being met throughout occupancy due to the concern for the welfare, health and safety of residents. The Building Inspector and/or Fire Prevention Code Inspector would inspect the property prior to occupancy. 7. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by a majority vote of the City Council of the City of Canton, Illinois, and APPROVED BY THE Mayor thereof this 3rd day of January, 2012, upon a roll call vote as follows: AYES: Aldermen Schenck, Pasley, Fritz, West, Nelson, Ellis, Pickel, Hartford NAYS None ABSENT: None Approved: C.. Kevin R. Meade, M yor Attest: Diana ` er, City Clerk 3