HomeMy WebLinkAboutG26-26 Ordinance No. G26-26
AN ORDINANCE
GRANTING A CONDITIONAL USE TO ESTABLISH A PACKAGE LIQUOR SALES
ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT
(968 Dundee Avenue)
WHEREAS, written application has been made requesting conditional use approval to
establish a package liquor sales establishment at 968 Dundee Avenue; and
WHEREAS, the zoning lot with the building containing the premises at 968 Dundee
Avenue is legally described herein (the "Subject Property"); and
WHEREAS, the Subject Property is located within the AB Area Business District, and a
package liquor sales establishment 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 July 6, 2026, 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 July 6, 2026, 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 to establish a package liquor sales establishment is
hereby granted for the property commonly known as 968 Dundee Avenue, which is part of the
property commonly identified by Kane County Property Index Number 06-12-253-014 and legally
described as follows:
Lots 1 and 4 in Block 1 of Grand View Addition to the City of Elgin, according to the plat thereof,
situated in the City of Elgin, Kane County, Illinois;
(commonly known as 962-970 Dundee Avenue).
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 Goma Musa,
as applicant, and Maria T. Cervantes, as property owner, received May 5, 2026 and
supporting documents including:
a. Undated letter, received June 16, 2026;
b. Plat of Survey, prepared by Alan J. Coulson, P.C., dated October 25, 2001;
c. Undated site plan, received April 28, 2026, with such further revision as required
by the Community Development Director; and
d. Two-page architectural plans for Friday Tobacco, prepared by Antonio Fanizza,
dated last revised March 30, 2026, 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. Consumption of alcoholic beverages on the premises is not permitted.
3. All street graphics must comply with the zoning ordinance requirements.
4. 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.
aiee
Davi J. K• in, ayor
2
Presented: August 26, 2026
Passed: August 26, 2026
Vote: Yeas: 6 Nays: 3
Recorded: August 26, 2026
Published: August 26, 2026
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EXHIBIT A
July 6, 2026
RECOMMENDATION & FINDINGS OF FACT
OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND
THE PLANNING & ZONING COMMISSION
CITY OF ELGIN, IL
OVERVIEW
Provided herein are the written findings and recommendation of the Community Development
Department and the Planning & Zoning Commission regarding Petition 10-26, an application by
Goma Musa, as applicant,and Maria T. Cervantes,as property owner,are requesting approval of
a conditional use to permit a package liquor sales establishment as part of the existing tobacco
store at the property commonly referred to as 968 Dundee Avenue.
GENERAL INFORMATION
Petition Number: 10-26
Property Location: 968 Dundee Avenue
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: Tobacco store
Proposed Use: Package liquor sales establishment(SIC 5921)and tobacco store
Applicant: Goma Musa
Owner Maria Cervantes
Staff Coordinator: Damir Latinovic,AICP, Senior Planner
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
Exhibits Attached: A. Aerial/Location Map
B. Zoning Map
C. Parcel Map
D. Site Location
E. Development Application and Attachments
F. Draft Ordinance
BACKGROUND
Goma Musa, as applicant, and Maria T. Cervantes, as property owner, are requesting approval of
a conditional use to permit a package liquor sales establishment as part of the existing tobacco
store at the property commonly referred to as 968 Dundee Avenue.
The applicant currently occupies a 1,281-square-foot commercial tenant space commonly known
as 968-A Dundee Avenue,which is part of an 8,625-square-foot multi-tenant commercial building
located at the southwest corner of Dundee and Cooper Avenues. The building is located on
approximately 17,286-square foot property, zoned AB Area Business District and ARC Arterial
Road Corridor Overlay District.In addition to the building,the property includes 18 parking spaces
in two parking lots. The front parking lot,east of the building, includes eight parking spaces with
access from Morton Avenue. The rear parking lot with access from Cooper Avenue includes ten
parking spaces. The existing tenants in the building include La Tacita de Plata restaurant, Urban
Wrap,a motor vehicle accessory service,JC Jewelry store,and a staffing agency office.Two tenant
spaces are vacant, including 968-B Dundee Avenue which is 1,133 square feet in area, and 964
Dundee Avenue,which is 1,335 square feet in area.
The properties to the east,south,and west are also zoned AB Area Business District.The property
located to the east across Dundee Avenue is improved with a one-story restaurant building with
accessory parking home to Los Comales restaurant.The property adjacent to the south is improved
with a one-story multi-tenant commercial building home to a business marketing office. The
property adjacent to the west is improved with a single-family home. The properties to the north
across Cooper Avenue are zoned RC2 Residence Conservation District and are also improved with
single-family homes.
-2 -
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
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Figure 1:Area map with zoning overlay
Proposal
The applicant is proposing to expand his tobacco store into the adjacent vacant commercial tenant
space and is requesting approval to sell beer,wine and other liquor products.The existing tobacco
store sells tobacco products,vape products, cigars, and related accessories.
The existing Friday Tobacco store was approved in February 2024 and occupies the 1,281-square-
foot Unit 968-A within the building. The applicant is proposing to expand its store to the adjacent
1,133-square-foot Unit 968-B. Another tobacco store previously occupied both Units 968-A and
968-B, however, Unit 968-B is currently vacant. The applicant is not proposing any physical
changes to the building. The two units are already connected and do not require any changes for
the proposed business operations.
-3 -
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
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FLOOR PLAN
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Figure 2: Proposed floor plan
The current hours of operation of Friday Tobacco store are Monday to Saturday from 9:30 a.m.to
9 p.m.and Sundays from 10 a.m.to 9 p.m.If the sale of alcohol products is approved,the applicant
would extend the closing time to 10 p.m. daily.
The hours of operation for alcohol sales would be regulated by the applicable liquor license, if
approved. Similar liquor stores,such as Liberty Liquors located one block to the east at 601 Cooper
Avenue,typically hold Class B liquor licenses.All liquor licenses are reviewed on a case-by-case
basis. A new liquor license is created and issued each time an application for a liquor license is
approved.The Class B liquor license allows the alcohol sales from Monday to Thursday from 6:00
a.m. until 1:00 a.m. the following day, on Friday and Saturday from 6:00 a.m. until 2:00 a.m. the
following day,and on Sunday from 9:00 a.m. until 1:00 a.m. the following day.
The applicant is not proposing the addition of any other products. In addition to the proposed
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Recommendation & Findings of Fact
Petition 10-26
July 6,2026
alcohol products, the store would continue to sell only tobacco products, vape products, cigars,
and related accessories with one employee.
Zoning consideration
A package liquor sales establishment 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. If the zoning approval of a conditional use is granted,the applicant
will have to apply for and obtain a liquor license and obtain an updated business application and a
certificate of occupancy prior to the start of any alcohol sales. The municipal code states that no
Class B licenses shall be considered until the applicant first obtains a conditional use (Section
6.06.090.1.).
The 8,625-square-foot multi-tenant commercial building is nonconforming regarding the parking
requirement. The proposed tobacco store and package liquor sales establishment is required to
provide one parking space per 250 square feet of floor area.The expanded 2,414-square-foot store
is required to have nine parking spaces. With the existing mix of other uses in the building, and
one vacant tenant space (1,335-square-foot unit 964 Dundee Avenue), the building is required to
have 37 parking spaces. With 18 parking spaces on site, the property does not meet its parking
requirement.
However,the proposed tobacco store expansion into unit 968-B will not increase the parking non-
conformity. Units 968-A and 968-B were previously occupied by a tobacco store. The current
expansion would match that of the previous tobacco store. The addition of alcohol products is not
expected to generate a substantially more amount of traffic to the property. In fact, the parking
requirement for a package liquor sales establishment(liquor store)is the same as that for any other
retail store, including a tobacco store: one parking space per 250 square feet of floor area.
The Community Development Department offers the following additional information:
A. Property History. The subject property was zoned E Commercial District by the City's
first zoning ordinance in 1927. In 1962, the property was rezoned to B3 Service Business
District. 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.
The existing multi-tenant building was constructed in 1950.
B. Surrounding Land Use and Zoning. The properties to the east, south, and west are also
zoned AB Area Business District. The property located to the east across Dundee Avenue
is improved with a one-story restaurant building with accessory parking home to Los
Comales restaurant.The property adjacent to the south is improved with a one-story multi-
tenant commercial building home to a business marketing office. The property adjacent to
the west is improved with a single-family home. The properties to the north across Cooper
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Recommendation & Findings of Fact
Petition 10-26
July 6,2026
Avenue are zoned RC2 Residence Conservation District and are also improved with single-
family homes.
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 CC 1 Center City District.
E. Trend of Development. The subject property is located along Dundee Avenue in the
northeast portion of the City. Properties along this stretch of Dundee Avenue have
historically been developed with commercial, auto-oriented uses. There has been no new
development in recent years in the immediate area. Since Dundee Avenue is designated as
an arterial roadway and since it carries a substantial amount of vehicular traffic, the
Comprehensive Plan designates the majority of the properties along Dundee Avenue for
corridor commercial uses in the future. Staff anticipates commercially-zoned properties in
the area will continue to be used and potentially redeveloped with auto-oriented
commercial uses, such as quick service restaurants,and other retails service uses.
FINDINGS
After due notice as required by law, the Planning & Zoning Commission conducted a public
hearing in consideration of Petition 10-26 on July 6,2026.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 July 6,2026.
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:
-6-
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
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 improved with an 8,625-square-foot multi-tenant
building and accessory parking with 18 parking spaces. The applicant is proposing to
expand its tobacco store to the adjacent vacant tenant space and sell alcohol products in
addition to tobacco products and related accessories. The applicant is not proposing any
changes to the building or the site. The proposed package liquor sale establishment is
similar to other commercial retail uses along Dundee Avenue corridor.
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.
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 includes two parking lots with a total of 18
parking spaces. The front parking lot with eight parking spaces has direct access from the
extension of Morton Avenue that only serves this property for vehicular access. The rear
parking lot with ten parking spaces has its own full access driveway to Cooper Avenue.
The property functions with safe and efficient traffic circulation with minimal impact on
the surrounding traffic pattern.
The 8,625-square-foot multi-tenant commercial building is nonconforming regarding the
parking requirement. The proposed tobacco store with package liquor sales (liquor store)
is required to have one parking space per 250 square feet of floor area.After the expansion,
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Recommendation & Findings of Fact
Petition 10-26
July 6, 2026
the store would be 2,414 square feet in area which requires nine parking spaces. With the
proposed addition of package liquor sales, the existing mix of other uses in the building,
and one vacant tenant space (1,335-square foot unit 964 Dundee Avenue), the building is
required to have 37 parking spaces. With 18 parking spaces on site, the property does not
meet its parking requirement.
However, the proposed tobacco store expansion into unit 968-B will not increase the
parking non-conformity. The units 968-A and 968-B were previously occupied by a
tobacco store. The current expansion will match that of the previous tobacco store. The
addition of alcohol products is not expected to generate a substantially more amount of
traffic to the property. And the parking requirement for a package liquor sales
establishment (liquor store) is the same as for any other retail store, including a tobacco
store.
The proposal will not result in additional parking demand and traffic that is not comparable
to how the property previously operated when the former tobacco store occupied both units
968-A and 968-B. As such, the proposal will not have any negative effect on the
surrounding uses and properties.
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 proposed package liquor sales establishment,part of a tobacco store,
is located along an arterial road and provides retail goods not only to the immediate
neighborhood,but the population from a larger area as well.The proposed sale of packaged
beer, wine, and liquor is similar to other general retail stores and uses along the corridor.
There would be no alcohol sales for on-site consumption.
The applicant is not proposing substantial changes to the hours of operation of the tobacco
store if the sale of alcohol products is approved. The tobacco store's hours operation are
Monday to Saturday from 9:30 a.m. to 9 p.m. and Sundays from 10 a. m. to 9 p.m. If the
sale of alcohol products is approved,the applicant would extend the closing time to 10 p.m.
daily. If the zoning approval of a conditional use is approved, the applicant will have to
apply for and obtain a liquor license.
No evidence has been submitted or found that the proposed conditional use for package
liquor sales will be operated in a manner that will exercise undue detrimental impact on
surrounding properties.
E. Historic Preservation Standard. Where applicable, the conditional use shall make
- 8-
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
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.
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 10-26, subject to the following conditions:
1. Substantial conformance to the Development Application submitted by Goma Musa, as
applicant,and Maria T.Cervantes,as property owner,received May 5,2026 and supporting
documents including:
a. Undated letter, received June 16,2026;
b. Plat of Survey,prepared by Alan J. Coulson,P.C.,dated October 25,2001;
c. Undated site plan, received April 28, 2026, with such further revision as required
by the Community Development Director;and
d. Two-page architectural plans for Friday Tobacco, prepared by Antonio Fanizza,
dated last revised March 30, 2026, 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. Consumption of alcoholic beverages on the premises is not permitted.
3. All street graphics must comply with the zoning ordinance requirements.
4. 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, one(1) no,
and zero(0)abstentions.All members were present.
Respectfully Submitted,
-9-
Recommendation & Findings of Fact
Petition 10-26
July 6,2026
s/Jordan Wildermuth
Jordan Wildermuth,Chairman
Planning&Zoning Commission
s/Damir Latinovic
Damir Latinovic,AICP; Secretary
Planning&Zoning Commission
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EXHIBIT A "
Aerial / Location Map A
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ELGIN ' ' ' ' {
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THE CRY IN ME.SUBURBS
Zoning
RC1 -RESIDENCE CONSERVATION 1 RC2
aRC2-RESIDENCE CONSERVATION 2
RC3-RESIDENCE CONSERVATION 3 -- V
PRC-PLANNED RESIDENCE CONSERVATION0
SFR1 -SINGLE FAMILY RESIDENCE 1 t
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SFR2-SINGLE FAMILY RESIDENCE 2 -. - Subject Property 2
Petition #10-26
PSFR1 -PLANNED SINGLE FAMILY RESIDENCE 1
LJPSFR2-PLANNED SINGLE FAMILY RESIDENCE 2 Cooper Ave
TFR-TWO FAMILY RESIDENCE
PTFR-PLANNED TWO FAMILY RESIDENCE
MFR-MULTIPLE FAMILY RESIDENCE
PMFR-PLANNED MULTIPLE FAMILY RESIDENCE
RB-RESIDENCE BUSINESS aD
PRB-PLANNED RESIDENCE BUSINESS AB
PNB-PLANNED NEIGHBORHOOD BUSINESS
NB-NEIGHBORHOOD BUSINESS
AB-AREA BUSINESS
PAB-PLANNED AREA BUSINESS
CC 1 -CENTER CITY 1
CC2-CENTER CITY 2
PCC-PLANNED CENTER CITY
PCC2-PLANNED CENTER CITY 2 •
0111 ORI-OFFICE RESEARCH INDUSTRIAL
EllPORI-PLANNED OFFICE RESEARCH INDUSTRIAL ,ra
. GI-GENERAL INDUSTRIAL
PGI-PLANNED GENERAL INDUSTRIAL
- CI-COMMERCIAL INDUSTRIAL
CF-COMMUNITY FACILITY
PCF-PLANNED COMMUNITY FACILITY
EXHIBIT B
Zoning Map A
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Subject Property
Petition#10-26 Cooper Ave
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EXHIBIT C
Parcel Map
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ELGIN I
THE CITY W TA SUBURBS Feet
EXHIBIT D
SITE LOCATION
968 Dundee Avenue
Petition 10-26
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EXHIBIT D
SITE LOCATION
968 Dundee Avenue
Petition 10-26
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EXHIBIT D
SITE LOCATION
968 Dundee Avenue
Petition 10-26
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