Variation Application

Transcription

1 Village of Gurnee Community development department NOTICE TO APPLICANTS A Variation is a device which grants a property owner relief from certain provisions of the Zoning Ordinance when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship, as distinguished from a mere inconvenience or a desire to make more money, or a practical hardship owing to circumstances which do not occur generally to land or buildings in the neighborhood. The power to vary is restricted and the degree of Variation is limited to the minimum change necessary to overcome the inequality inherent in the property. Variation means the modification of the requirements of a zoning district an does not include the substitution of uses assigned to other districts. In addition to the standards highlighted below, all applicants should review the Variation ordinance in article 13.9 of the Village of Gurnee Zoning Ordinance to ensure understanding of your request. 1. Use Variations are specifically prohibited. 2. A Variation recognizes that the same district requirements do not affect all properties equally. It was designed to permit minor changes to allow hardship properties to enjoy equal opportunities with properties similarly zoned. Your must prove that your land is affected by unique circumstances or unusual conditions. These must result in uncommon hardship and unequal treatment under the strict application of the Zoning Ordinance. Where hardship conditions extend to other properties a Variation shall not be granted. In the case where a general hardship applies to multiple properties, the remedy for addressing the general hardship may be one of the following applications: Amendment to the Zoning Map (Rezoning) or an Amendment to the text of the Zoning Ordinance (Text Amendment). 3. The petitioner must prove that the combination of the Zoning Ordinance and the uncommon conditions of the property prevents the petitioner from making any reasonable use of the land as permitted under the present zoning district. Since zoning regulates land and not people, the following conditions shall not be considered pertinent to the application for a Variation: a.) Proof that a Variation would increase the financial return from the land, b.) Personal hardship, c.) Self-imposed hardship. Approval of a Variation for a self-imposed hardship that violates the codes and ordinances of the Village after they were enacted, would result in the Village encouraging and condoning violation of the law. 4. No Variation may be granted which would adversely affect surrounding property or the general neighborhood. All Variations shall be in harmony with the intent and purpose of the Zoning Ordinance. 5. The entire list of standards for Variations are located in Article of the Village of Gurnee Zoning Ordinance. A Variation can be granted only when all standards described in Article are compiled with. 325 N. O Plaine Road; Gurnee, IL 60031; phone ; fax:

2 Village of Gurnee Community development department TO BE COMPLETED BY THE APPLICANT: Date: Location of Subject Property (please provide all three) A. Address: B. PIN Number: C. Legal Description (Attach, as an additional page and a copy, using Microsoft Word format, to the Community Development Department ) Present Use of Property: (i.e., single family, residential, retail business) Zoning District: (Staff will assist if necessary) Applicant Name: Address: Phone Number: Fax: Owner Name (if different than applicant): Owner Address: Phone Number: Fax: Proof of Standing Provided: (proof of ownership, control, authorization, etc. attach with application materials) Molly Bacon, Associate Planner Ryan Mentkowski, Associate Planner Tracy Velkover, Planning Manager Office Use Date Received: Staff Signature: Fees Paid: $ Property Owner List: Petitioner or Village (circle one) Staff Notes: 325 N. O Plaine Road; Gurnee, IL 60031; phone ; fax:

3 Page 2 Variation Application Proposed Variation Requested (The following information MUST be completed by the Applicant. additional pages should be used if necessary to accurately address your full request). A. Detailed Description of Proposed or Requested Action B. Justification of Proposed or Requested Action. Please include adequate evidence indicating compliance with the following items. Conscientious answers will prove helpful, as no Variation shall be recommended by the Planning & Zoning Board to the Village Board of Trustees concerning the proposed Variation unless said Board shall find the standards for a Variation, per Article of the Zoning Code are met: 1. That the particular physical surrounding, shape, or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. 2. The conditions upon which the petition for a Variation is based are unique to the property for which the Variation is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the Variation is not based exclusively upon a desire to make more money out of the property. 4. That the alleged difficulty or hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property.

4 Page 3 5. That the proposed Variation will not impair an adequate supply of light and air to adjacent property or substantially increase congestion in the public streets or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood. 6. That the Variation does not permit a use otherwise excluded from the particular zone in which requested except for uses authorized by the Planning & Zoning Board, subject to the approval of the Village Board, as similar and compatible uses. 7. That the Variation granted is the minimum adjustment necessary for the reasonable use of the land. 8. That the granting of any Variation is in harmony with the general purposes and intent of the Zoning Ordinance, and will not be injurious to the neighborhood, be detrimental to the public welfare, alter the essential character of the locality, or be in conflict with the Comprehensive Plan for development of the Village. 9. That, for reasons fully set forth in the recommendations of the Planning & Zoning Board, and the report of the Village Board, the aforesaid circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive applicant of any reasonable use of his land. Mere loss in value shall not justify a variation; there must be a deprivation of beneficial use of land.

5 The following supplemental information shall be provided at the time of submission. Failure to provide any of the following information will delay the review process. 1. Answers to all of the requested information regarding the proposed Variation on pages 2 & 3 of this application. If the applicant prefers, a separate letter may be provided that addresses these questions. (If a separate letter is provided, please format your letter the same way as the application (i.e., A, B, B1,...B9) so it is easy to identify the responses to the questions. 2. Property Owner List and Labels with the names and addresses of surrounding property owners from the property in questions for a distance of 500 feet in all directions and the number of feet occupied by all public roads, streets, alleys, and public ways have been excluded in computing the 500 foot requirement. Said names are as recorded in the office of the County Recorder of Deeds (or the Registrar of Titles of the County) and as appear from the authentic tax records of this County. 3. A plat of survey or site plan illustrating the exact dimensions of the requested variation. This should be to a measurable scale no greater than 1 = Any other supplemental information that you wish to provide regarding your proposed variation. (Photographs, building plans, etc.) Variation Review Procedure 1. Schedule a meeting to meet with Planning & Zoning Staff to discuss your proposal, the Variation requirements, the Variation review process, and the application for a Variation. This meeting is defined as a pre-application meeting and takes place at Village Hall. 2. After the pre-application meeting has occurred, schedule a meeting to submit the completed Variation application to Planning & Zoning Staff. This will be an informal meeting (10 minutes) at the front counter of the Community Development Department where staff will verify that the application has been properly filled out, the fees have been paid, and that the correct materials have been submitted. (Note: Sixteen (16) copies of all information must be submitted with application (including application). 3. Planning & Zoning Board Meeting: Upon submittal of a complete application and all information required for review, the Planning & Zoning Board will conduct a public hearing on said proposed Variation within sixty (60) days of the filing of the complete application and fee. (Notice of the time and place of a public hearing will be published at least once, not more than thirty (30) and not less than fifteen (15) days before the hearing, in a newspaper of general circulation in the Village of Gurnee. The public hearing notice and letter to adjacent property owners regarding the public hearing will be prepared and sent to the newspaper and property owners by Planning Staff.) The Planning & Zoning Board meets the first (1st) and third (3rd) Wednesday of each month. The Planning & Zoning Board, within thirty (30) days after the close of the hearing on the Variation, shall report to the Village Board its Findings of Facts on the petition. 4. Village Board Meeting: Upon receipt of the Findings of Fact and Recommendations of the Planning & Zoning Board, the Village Board will act upon the proposed petition for a Variance. The decision reached by the Village Board will take into account the submitted Findings of Fact and Recommendations. If the Village grants a Variation, it will be included in an ordinance passed by the Village Board. No order (approval) of the Village Board will be valid for a period longer than 12 months from the date of such order unless a building permit is obtained and the erection, alteration or use is commenced within such period. 5. If the application has been denied wholly or in part by the Village Board, no new application shall be resubmitted for 1 year from the date of denial, except on new evidence or proof of changed conditions found to be valid by the Village Board. Applicant hereby certifies that: (1) All statements and other information submitted as part of this application are true and correct to the best of the applicants knowledge; and (2) APPLICANT HAS READ AND UNDERSTANDS ALL INFORMATION IN THIS PACKET. Signature of Applicant Date: Signature of Owner (if different from the applicant) Date: