HomeMy WebLinkAboutG22-25 Ordinance No. G22-25
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A TATTOO PARLOR IN THE AB AREA
BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(32 Tyler Creek Plaza)
WHEREAS, written application has been made requesting conditional use approval to
establish a tattoo parlor at 32 Tyler Cree Plaza; and
WHEREAS, the zoning lot with the building containing the premises at 32 Tyler Creek
Plaza is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area Business District, and
ARC Arterial Road Corridor Overlay District, and a tattoo parlor is listed as a conditional use
within the AB Area Business District; and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on April 7, 2025 following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated in their
Findings of Fact; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use
in the AB Area Business District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated April 7. 2025, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a tattoo parlor is hereby granted for the property
commonly known as 32 Tyler Creek Plaza, which is part of the property commonly identified by
the Kane County Property Index Numbers 06-03-376-015, 06-03-376-016, 06-03-376-017, and
06-03-376-020, and legally described as follows:
LOTS 3, 4, AND 6 IN TYLER CREEK PLAZA SUBDIVISION, BEING A SUBDIVISION OF
PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 3,TOWNSHIP 41 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 24, 1983 AS DOCUMENT 1660686, IN KANE COUNTY,
ILLINOIS
PARCEL 2:
EASEMENT FOR INGRESS AND EGRESS AND PARKING FOR THE BENEFIT OF
PARCEL 1 AS CREATED BY AND DESCRIBED IN DECLARATION DOCUMENT 1660687,
AS AMENDED FROM TIME TO TIME, ON AND over LOTS 1 AND 2 IN TYLER CREEK
PLAZA SUBDIVISION AFORESAID AND ALSO OVER THAT PART OF FRACTIONAL
SECTION 3, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF
THE CENTER LINE OF NORTH MCLEAN BOULEVARD WITH THE CENTER LINE OF
BIG TIMBER ROAD, THENCE NORTHERLY ALONG THE CENTER LINE OF NORTH
MCLEAN BOULEVARD 882,12 FEET FROM THE PLACE OF BEGINNING; THENCE
EASTERLY AND PARALLEL WITH THE CENTER LINE OF BIG TIMBER ROAD 405.44
FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE
396.00 FEET TO A POINT ON THE NORTH LINE OF TYLER CREEK PLAZA
SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE 398.72 FEET TO THE
CENTER LINE OF NORTH MCLEAN BOULEVARD; THENCE NORTHERLY ALONG
SAID.CENTER LINE 396.06 FEET TO THE PLACE OF BEGINNING
(EXCEPT PART IN MCLEAN BOULEVARD) IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS
(Commonly known as 1-60 Tyler Creek Plaza)
Section 3. That the conditional use for the Subject Property as authorized by this
ordinance shall be subject to the following additional conditions:
1. Substantial conformance to the Development Application submitted by Nice Choice
Club, LLC, as applicant, and J&J Covina LLC, as property owner, received February
21, 2025 and supporting documents including:
a. Undated letter RE: Statement of Purpose and Conformance Conditional Use Permit
at 32 Tyler Creek Plaza, prepared by Chris Chapman, Owner/Operator of Nice
Choice Club LLC, dated received February 25, 2025;
b. Plat of Survey, prepared by Alan .1. Colson, P.C. Professional Land Surveyors,
dated March 7, 2002; and
c. Undated floor plan for 32 Tyler Creek Plaza. Elgin IL 60123, prepared by Kelly A.
Sanner, dated February 14, 2025, with such further revisions as required by the
Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. All street graphics must comply with the zoning ordinance requirements.
3. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. K- ain ayor
Presented: May 28, 2025
Passed: May 28, 2025
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: May 28, 2025 ,`:',
Published: May 28, 2025
Att st• U ). "
Kimberlyb(I'WeA z773.", ;444.%
Dewis City Jerk `"
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EXHIBIT A
April 7, 2025
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written fmdings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 06-25, an application by
Nice Choice Club LLC, as applicant, and J&J Covina LLC, as property owner, requesting a
conditional use to establish a tattoo parlor within an existing approximately 1,400-square-foot
commercial tenant space part of Tyler Creek Plaza shopping center at the property commonly
referred to as 32 Tyler Creek Plaza.
GENERAL INFORMATION
Petition Number: 06-25
Property Location: 32 Tyler Creek Plaza
Requested Action: Conditional Use
Current Zoning: AB Area Business District and ARC Arterial Road Corridor Overlay
District
Proposed Zoning: No change. AB Area Business District and ARC Arterial Road
Corridor Overlay District
Existing Use: Vacant
Proposed Use: Tattoo Parlor
Applicant: Nice Choice Club LLC
Owner J&J Covina LLLC
Recommendation & Findings of Fact
Petition 06-25
April 7, 2025
Staff Coordinator: Damir Latinovic, AICP, Senior Planner
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Nice Choice Club LLC, as applicant, and J&J Covina LLC, as property owner, are requesting a
conditional use to establish a tattoo parlor within an existing approximately 1,400-square-foot
commercial tenant space part of Tyler Creek Plaza shopping center at the property commonly
referred to as 32 Tyler Creek Plaza.
The subject property, 32 Tyler Creek Plaza, is a 1,475-square foot commercial space part of the
Tyler Creek Plaza South multi-tenant shopping center located at the northeast corner of Big Timber
Road and N. McLean Boulevard. The property is zoned AB Area Business District and is part of
the ARC Arterial Road Corridor Overlay District. The shopping center is anchored by Butera
Market grocery store and includes 20 commercial tenant spaces in five buildings with 433 parking
spaces.The largest tenants are Butera Market and Elgin State Bank. Other tenants include various
retail service uses and restaurants, such as Dunkin', Rosati's Pizza, Wingstop, and Subway. The
subject tenant space is located within the multi-tenant building on the northern portion of the site.
One other 1,250-square-foot tenant space is also vacant.
The multi-tenant shopping center known as Tyler Creek Plaza North is located directly to the north
of the subject property and is also zoned AB Area Business District and ARC Arterial Road
Corridor Overlay District. A portion of the Hunter's Ridge Apartments complex is also located
adjacent to the north and is zoned PRC Planned Residence Conservation District.
The property adjacent to the east is zoned PRC Planned Residence Conservation District and ARC
Arterial Road Corridor Overlay District and is improved with multi-family residences part of
Hunter's Ridge Apartments complex.
-2-
Recommendation& Findings of Fact
Petition 06-25
April 7, 2025
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Figure 1.Site area map with zoning overlay
The properties to the south across Big Timber Road are zoned GI General Industrial District and
are improved with several light-industrial and warehousing one-story buildings.
The properties to the west across N. McLean Boulevard are zoned AB Area Business District and
ARC Arterial Road Corridor Overlay District. Those properties include a motor vehicle service
station and a 2.5-story Chase bank building located directly to the north of the motor-vehicle
service station.
Proposal
The applicant is requesting approval of a conditional use to establish a tattoo parlor at 32 Tyler
Creek Plaza. The 1,475-square-foot tenant space was most recently occupied by an employment
agency office,but is currently vacant.
-3 -
Recommendation &Findings of Fact
Petition 06-25
April 7,2025
U' - The ARC Arterial Road Corridor Overlay District
prohibits tattoo parlors on properties along arterial
roadways with some exceptions. One of those
_ r� exceptions is for multi-tenant shopping centers, for
a specific tenant spaces that are more than 200 feet from
the arterial roadway. In this case, the subject tenant
space is located approximately 330 feet from N.
McLean Boulevard and approximately 360 feet from
'`" "'' Big Timber Road. As such,the subject tenant space is
1 ,� exempt from restrictions and regulations of the ARC
J overlay district.
The applicant is not proposing any interior or exterior
changes to the existing tenant space. The space,
,,,,,.4ft previously used as an office, is well suited for the
proposed tattoo parlor. The tenant space offers an
open floor plan where the applicant will install three
chairs for tattooing services for three different tattoo
artists. As such,maximum three employees would be
present during the busiest time. The hours of
operation would primarily be by appointment only
from 11 a.m.to 7 p.m.five to six days per week.Some
walk-in customers are expected on weekends.
The proposed tattoo parlor service use is required to
provide one parking space per 250 square feet of floor
area,same as the previous employment agency office
use. As such, the parking requirement for the
shopping center with the proposed tattoo parlor and
all other existing uses would remain the same at 475
^' # parking spaces required. With 433 parking spaces on
site, the shopping center would remain lawful
- nonconforming regarding the parking requirement.
Figure 2. Proposed floor plan It is worth noting that, in 2024 the City amended the
parking requirements in the zoning ordinance such
that a permitted use may be established within a multi-
tenant shopping center which does not meet its regulatory parking requirement provided that the
proposed use can demonstrate that the existing parking spaces on the property can adequately serve
all land uses on the property.
-4-
Recommendation& Findings of Fact
Petition 06-25
April 7,2025
Tyler Creek Plaza South shopping center has adequate parking. Even though the shopping center
is short its regulatory parking requirement,the on-site parking lot is mostly underutilized anytime
of the week.
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Figure 3. Interior photos of the 32 Tyler Creek Plaza tenant space
A tattoo parlor is listed as a conditional use in the AB Area Business District and requires the
review and recommendation by the Planning and Zoning Commission and approval by the City
Council.
The Community Development Department offers the following additional information:
A. Property History.The subject property was annexed to the city in 1966.Upon annexation,
the property was zoned B-3 Service Business District.In 1983,the property was subdivided
and the existing multi-tenant, and multi-building shopping center was completed in 1984.
In 1992, the property was rezoned to AB Area Business District as part of the
comprehensive amendment to the zoning ordinance. In 2001, the property became part of
the ARC Arterial Road Corridor Overlay District.
Over the years, the City Council approved several ordinances granting conditional use
approval for various businesses within the shopping center. In 2011, Ordinance No. G28-
11 granted conditional use approval for a physical fitness facility at 24 Tyler Creek Plaza.
In 2014, Ordinance No. G16-14 granted conditional use approval for accessory package
liquor sales at 20 Tyler Creek Plaza (Butera Market). In 2014, Ordinance No. G49-14
granted conditional use approval for a physical fitness facility at 40 Tyler Creek Plaza. In
2018, Ordinance No. G28-18 granted approval for the establishment of Universal Church
within the subject tenant space at 28 Tyler Creek Plaza. In 2019, the City approved a
-5-
Recommendation & Findings of Fact
Petition 06-25
April 7, 2025
physical fitness facility at 24 Tyler Creek Plaza by Ordinance No. G21-19. And in 2022,
the City approved an commercial event space within 28 Tyler Creek Plaza tenant space by
Ordinance No. G59-22.
B. Surrounding Land Use and Zoning. The multi-tenant shopping center known as Tyler
Creek Plaza North is located directly to the north of the subject property and is also zoned
AB Area Business District and ARC Arterial Road Corridor Overlay District. A portion of
the Hunter's Ridge Apartments complex is also located adjacent to the north and is zoned
PRC Planned Residence Conservation District.
The property adjacent to the east is zoned PRC Planned Residence Conservation District
and ARC Arterial Road Corridor Overlay District and is improved with multi-family
residences part of Hunter's Ridge Apartments complex.
The properties to the south across Big Timber Road are zoned GI General Industrial
District and are improved with several light-industrial and warehousing one-story
buildings.
The properties to the west across N. McLean Boulevard are zoned AB Area Business
District and ARC Arterial Road Corridor Overlay District. Those properties include a
motor vehicle service station and a 2.5-story Chase bank building located directly to the
north of the motor-vehicle service station.
C. Comprehensive Plan.The subject property is designated as Corridor Commercial by the
City's 2018 Comprehensive Plan. Located along the City's heavily traveled corridors and
intersection,Corridor Commercial areas provide retail services to both local and regional
consumer bases. These areas contain a mix of retail from large community centers with
multiple tenants to smaller stand-along businesses.Corridor Commercial areas are the most
widely accommodating and ranging commercial areas within the city. Corridor
Commercial areas are auto-oriented by nature but should also be enhanced to be pedestrian-
friendly.
D. Zoning District. The purpose of the AB Area Business District is to provide commodities
and services to several neighborhoods, and in some instances to a communitywide or
regional supporting population.AB zoning districts are limited by the applicable site design
regulations to an intermediate scale of development relative to NB Neighborhood Business
Districts and the CCI Center City District.
E. Trend of Development.The subject property is located within Tyler Creek Plaza shopping
center completed in 1984. The most recent new development in the area was the
construction of the Culvers restaurant just north of Tyler Creek Shopping Center in 2020.
The most recent developments within the shopping center include interior renovations for
new businesses, such as beauty salons and restaurants. Staff anticipates Tyler Creek Plaza
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Recommendation & Findings of Fact
Petition 06-25
April 7, 2025
will remain in its current configuration for the foreseeable future providing commercial
space of various sizes to retail uses serving the surrounding neighborhoods.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 06-25 on April 7,2025.Testimony was presented at the public
hearing in support of the application. The Community Development Department submitted a
Development Application Review and Written Findings & Recommendation to the Planning &
Zoning Commission dated April 7,2025.
The Community Development Department and the Planning & Zoning Commission have made
the following findings regarding this application against the standards for conditional uses outlined
within§ 19.65.030:
STANDARDS FOR CONDITIONAL USE
A. Site Characteristics Standard. The suitability of the subject property for the intended
conditional use with respect to its size, shape, significant features including topography,
watercourses, vegetation, and existing improvements.
Findings.The subject property is suitable for the intended conditional use with respect to
its size,shape,significant features including topography,watercourses,and vegetation,and
existing improvements. No existing site features including topography, watercourses,
vegetation, and property improvements exist that would have a negative impact on the
proposed conditional use. The property is developed with a multi-tenant shopping center.
The applicant is not proposing to make any interior or exterior improvements to the existing
tenant space. The hours of operation for the proposed tattoo parlor would be similar to
other businesses within the shopping center.
B. Sewer and Water Standard. The suitability of the subject property for the intended
conditional use with respect to the availability of adequate water, sanitary treatment, and
storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the availability of adequate water, sanitary treatment, and storm water control facilities.
The property is currently served by municipal water, sanitary sewer, and storm water
systems. The applicant is not proposing any changes to the existing sewer and water
utilities. The existing sewer and water facilities can adequately serve the property.
C. Traffic and Parking Standard. The suitability of the subject property for the intended
conditional use with respect to the provision of safe and efficient on-site and off-site
vehicular circulation designed to minimize traffic congestion.
-7-
Recommendation & Findings of Fact
Petition 06-25
April 7,2025
Findings. The subject property is suitable for the intended conditional use with respect to
the provision of safe and efficient on-site and off-site vehicular circulation designed to
minimize traffic congestion. The property is part of a multi-tenant shopping center with
access to N. McLean Boulevard and Big Timber Road.The parking lot layout maintains a
safe and efficient on-site and off-site vehicular circulation. The proposed use will not have
any negative effect on the existing on-site and off-site traffic circulation.
The existing multi-tenant shopping center is partially occupied. The existing tenants are a
mix of retail uses including Butera Market, Elgin State Bank, and various restaurants
including Rosati's Pizza and Dunkin'. All tenants in the shopping center enjoy cross-
parking and cross-access easement rights.
The proposed tattoo parlor service use is required to provide one parking space per 250
square feet of floor area, same as the previous employment agency office use.As such,the
parking requirement for the shopping center with the proposed tattoo parlor and all other
existing uses would remain the same at 475 parking spaces required. With 433 parking
spaces on site, the shopping center would remain lawful nonconforming regarding the
parking requirement.
Tyler Creek Plaza South shopping center has adequate parking. Even though the shopping
center does not comply with its regulatory parking requirement, the on-site parking lot is
mostly underutilized anytime of the week.
D. Location, Design, and Operation Standard. The suitability of the subject property for
the intended conditional use with respect to it being located, designed, and operated so as
to promote the purpose and intent of this title and chapter.
Findings.The subject property is suitable for the intended conditional use with respect to
it being located, designed, and operated so as to promote the purpose and intent of the
zoning ordinance. The applicant is not proposing any interior or exterior changes to the
building or the site. The tattoo services will be conducted on the interior of the building
without any impact on the surrounding properties. The hours of operation are similar to
those of other businesses within the shopping center. No evidence has been submitted or
found that the proposed use will be located or operated in a manner that will exercise undue
detrimental impact on surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
possible an efficient contemporary use of or a compatible improvement to a designated
landmark or property located in a designated historic district while preserving those
portions and features of the property which are significant to its historic, architectural,
and cultural values to an historic preservation plan.
-8 -
Recommendation & Findings of Fact
Petition 06-25
April 7,2025
Findings.This standard is not applicable. The subject property is neither designated as a
local historic landmark nor is it located within a locally designated historic district.
RECOMMENDATION
The Community Development Department and the Planning & Zoning Commission recommend
approval of Petition 06-25,subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Nice Choice Club,
LLC, as applicant, and J&J Covina LLC, as property owner, received February 21, 2025
and supporting documents including:
a. Undated letter RE: Statement of Purpose and Conformance Conditional Use Permit
at 32 Tyler Creek Plaza, prepared by Chris Chapman, Owner/Operator of Nice
Choice Club LLC,dated received February 25,2025;
b. Plat of Survey, prepared by Alan J. Colson, P.C. Professional Land Surveyors,
dated March 7, 2002; and
c. Undated floor plan for 32 Tyler Creek Plaza,Elgin IL 60123,prepared by Kelly A.
Sanner, dated February 14, 2025, with such further revisions as required by the
Community Development Director.
In the event of any conflict between such documents and the terms of this ordinance or
other applicable city ordinances, the terms of this ordinance or other applicable city
ordinances shall supersede and control.
2. All street graphics must comply with the zoning ordinance requirements.
3. Compliance with all applicable codes and ordinances.
The vote of the Planning&Zoning Commission on the motion to recommend approval,subject to
the conditions outlined by the Community Development Department,was six(6)yes,zero(0)no,
and zero(0)abstentions. One member was absent.
Respectfully Submitted,
s/Jav Cox
Jay Cox,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
-9-
Recommendation & Findings of Fact
Petition 06-25
April 7, 2025
Planning & Zoning Commission
- 10-
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EXHIBIT
Aerial / Location Map AN
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E LG I N 0 100 200 ft
THE CITY IN THE SUBURBS
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PMFR
PRC
Subject Property
Petition #06-25
Zoning Byron Drive
RC1-RESIDENCE CONSERVATION 1
RC2-RESIDENCE CONSERVATION 2 Ln]._J
RC3-RESIDENCE CONSERVATION 3
PRC-PLANNED RESIDENCE CONSERVATION ZI2EMCMICI
RC3-RESIDENCE CONSERVATION DISTRICT
SFR1-SINGLE FAMILY RESIDENCE 1
SFR2-SINGLE FAMILY RESIDENCE 2
PSFR1-PLANNED SINGLE FAMILY RESIDENCE 1
PSFR2-PLANNED SINGLE FAMILY RESIDENCE 2
n TER-TWO FAMILY RESIDENCE
n PTFR-PLANNED TWO FAMILY RESIDENCE
- PMFR-PLANNED MULTIPLE FAMILY RESIDENCE
- MFR-MULTIPLE FAMILY RESIDENCE
RB-RESIDENCE BUSINESS
C__ PRB-PLANNED RESIDENCE BUSINESS
- NB-NEIGHBORHOOD BUSINESS Big Timber Road
- PNB-PLANNED NEIGHBORHOOD BUSINESS
- AB-AREA BUSINESS
- PAB-PLANNED AREA BUSINESS
- CC1-CENTER CITY 1
- CC2-CENTER CITY 2 Timber Drive
- PCC-PLANNED CENTER CITY
- PCC2-PLANNED CENTER CITY 2
- ORI-OFFICE RESEARCH INDUSTRIAL a
- PORI-PLANNED OFFICE RESEARCH INDUSTRIAL
- GI-GENERAL INDUSTRIAL
- PGI-PLANNED GENERAL INDUSTRIAL
- CI-COMMERCIAL INDUSTRIAL
- CF-COMMUNITY FACILITY
- PCF-PLANNED COMMUNITY FACILITY
EXHIBIT B
Zoning Mapii
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ELGIN 0 400 ft
1
Subject Property
Petition #06-25
Byron Drive
0603376016
Tyler Creek Plaza
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EXHIBITC Parcel Map N
ELGIN ° 200 ft
EXHIBIT D
SITE LOCATION
32 Tyler Creek Plaza
Petition 06-25
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EXHIBIT D
SITE LOCATION
32 Tyler Creek Plaza
Petition 06-25
v.-• 32 Tyler Creek Plz
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The location of the
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Existing Front Elevation: 32 Tyler Creek Plaza