ORDINANCE 2024-O-13

AN ORDINANCE APPROVING A TRANSITION YARD / REAR YARD VARIANCE OF TITLE 10-5-4-12(5)(a): C/D CORRIDOR DEVELOPMENT DISTRICT TRANSITION YARDS FOR 1591 BEECH TREE ROAD, CHARLESTON, ILLINOIS

ADOPTED BY THE MAYOR AND CITY COUNCIL

OF THE CITY OF CHARLESTON, COLES COUNTY, ILLINOIS

THIS 6 TH DAY OF FEBRUARY 2024

   WHEREAS, the City of Charleston (“City”) is an Illinois non-home rule municipality organized and operating under the Illinois Municipal Code (“Code”); and

WHEREAS, Christine Stone, has submitted a petition for a Variance of City Code Title 10-5-4-12(5)(a) “Transition Yards” and has requested approval of a Transition Yard Rear Yard (South Rear) variance for the property at 1591 Beech Tree Road, Charleston, Coles County, Illinois, said property being legally described as follows:

A part of the Northwest Quarter (NW ¼) of the Southeast Quarter (SE ¼) of Section Seventeen (17), Township (12) North, Range Nine (9) East of the Third Principal Meridian, more particularly described as follows:

Commencing at an existing monument (Per Monument Record Book 1, Page 173, at the Coles County Recorder’s Office) marking the Northwest corner of the Northwest Quarter (NW ¼) of the Southeast Quarter (SE ¼) of said Section Seventeen (17); thence on an assumed azimuth 179° 17’39” along the West line of said Northwest Quarter (NW ¼) of the Southeast Quarter (SE ¼) a distance of 528.02 Feet; thence azimuth 89°52’31” a distance of 327.60 Feet to an iron pin tagged #3140 and the point of beginning; thence azimuth 1°10’42” a distance of 320.0 feet to an iron pin tagged #3140; thence azimuth 89°55’06” along the Southerly right of way a line of Illinois Route 16 a distance of 160.0 Feet to an iron pin tagged #3140; thence azimuth 181°10’42” along a line established by I.P.L.S. #1425 (Ophir Claypool) and shown on plat of survey dated 1/31/1966 a distance of 319.88 Feet to an existing survey marker tagged #1425; thence azimuth 269°52’31” along a line established by I.P.L.S. #1425 (Ophir Claypool) a distance of 160.00 Feet to the point of beginning containing 1.175 Acres. All situated in Charleston Township, Coles County, Illinois.

Also known as 1591 Beech Tree Road (P.I.N. 02-1-00763-000)

WHEREAS, notice for the Variance of Transition Yards having been published in the Journal Gazette / Times Courier on January 3, 2024, on January 25, 2024 the City of Charleston Board of Zoning, Appeals & Planning (the “Board”) conducted a public hearing and, following consideration of the evidence, testimony and public comment presented during the hearing, recommended approval of the Variance of the Transition Yard / South Rear Yard located at the property; and

WHEREAS, the Variance of the Transition Yard / South Rear Yard for property at 1591 Beech Tree Road, Charleston, Illinois was recommended for approval to the City Council of the City of Charleston, Coles County, Illinois, by said Board of Zoning Appeals and Planning by a vote of 6-0, subject to their Findings of Fact and as shown in the Board of Zoning Appeals and Planning record.

   NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHARLESTON, COLES COUNTY, ILLINOIS, AS FOLLOWS:

SECTION ONE:  RECITALS. The foregoing recitals are incorporated as though fully set forth herein.

   SECTION TWO: APPROVAL OF VARIANCE OF THE TRANSITION YARD / SOUTH REAR YARD. That the Variance of City Code Title 10-5-4-12(5)(a) “Transition Yard” requesting approval of a variance of the South Rear Yard Setback for 1591 Beech Tree Road, Charleston, Coles County, Illinois, is hereby approved, subject to the requirements set forth by the Findings of the Board of Zoning Appeals and Planning and as shown in the Board of Zoning Appeals and Planning record to allow for a 25’ rear yard setback (South Rear).

   SECTION THREE: FINDING OF FACT. That the written Findings of Fact of the Board of Zoning Appeals and Planning are attached hereto and made a part hereof by reference.

SECTION FOUR:  SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.

SECTION FIVE:  CONFLICT. All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency.

SECTION SIX:  EFFECTIVE DATE. This Ordinance shall be in full force and effect upon passage, approval and publication in pamphlet form as provided by law and the provisions of the City Code amended herein shall be reprinted with the changes.

APPROVED and ADOPTED by the Mayor and City Council of the City of Charleston this 6 th day of February, 2024, pursuant to roll call vote as follows:

INTRODUCED this ______ day of _______________________, 2024.

   PASSED this ___________day of ________________________, 2024.

   APPROVED this ________ day of _______________________, 2024.

     

	Aye	Nay	Abstain	Absent
Mayor:
Brandon Combs	X
City Council:
Timothy Hutti	X
Jeff Lahr	X
Dennis Malak	X
Tim Newell				X

 

                  ____________________________________

                                    Mayor

ATTEST:

______________________________

City Clerk