HomeMy WebLinkAboutResolution #3196
RESOLUTION N0. 3196
A RESOLUTION REGARDING NONCONFORMING ZONING USE OF PROPERTY AT 531
EAST BIRCH STREET
WHEREAS, David S. Pickel and Terry L. Pickel have acquired
the premises, including a building, located at 531 East Birch
Street, legally known as 38 feet off the East end of lots Number 1
and Number 2 in Block 5 of the U.G. Orendorff Addition to the
City of Canton and desires to locate a photography studio thereon,
and whereas this property is located in an R-2, single family
residental zoning.
WHEREAS, said building was constructed as a commercial
building and utilized for years as such and is not suitable for
residental purposes and cannot be adapted to permitted uses; and,
WHEREAS, state statutes provide that a city may not exercise
its zoning powers so as to deprive the owner of the use of a
property where the property is not adaptable to permitted uses
(Sec. 11-13-1, Chap. 24, Ill. Rev. Stat., 1991); and,
WHEREAS, the state statutes have precedent over conflicting
provisions of the Canton Municipal Code; and,
WHEREAS, the council has been advised by the zoning officer
that the specific building is not suited for residental use and as
far as can be known has always been used for commercial purposes.
NOW, THEREFORE, BE IT RESOLVED that the use of the premises
at 531 East Birch Street, legally described as 38 feet off the
East end of lots Number 1 and Number Two in Block 5 of the U.G.
Orendorff Addition to the City of Canton by David S. Pickel and
Terry L. Pickel as a photography studio is determined to be a
valid nonconforming use. A certificate of occupancy shall issue
to the David S. Pickel and Terry L. Pickel.
That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois, at a regular meeting this 19th day of October,
1993, upon a roll call vote as follows:
AYES: ~-dermen CQay, Molleck, Phillips, Meade, Bohler, May,
Chapman. ,
NAYS: None.
ABSENT ; Alderman. Sarff ,
APPRO D:
onald E. Edwards, Mayor
ATTEST:
ancy Whit , City Clerk