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HomeMy WebLinkAboutG21-85 Ordinance No. G21-85 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ANTIQUE AUTOMOBILE REPAIR GARAGE WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an antique automobile repair garage at 735 Dundee Avenue; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for an antique automobile repair garage at 735 Dundee Avenue, Elgin, Illinois, legally described as follows: Lot 5 (except the North 10 feet thereof) and the North 3.7 feet of Lot 6 in Block 4 in McBride Heir's Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: I. A solid six foot fence shall be constructed along the north, east and south sides of the off-street parking lot located at the rear of the building. 2. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor elk Presented: March 25, 1985 Passed: March 25 , 1985 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r March 7 , 1985 I LAND USE REVIEW eP- PLANNING DEPARTMENT CITY OF ELGIN I. SUBJECT Consideration of Petition 9-85 Requesting a B-1 Community Business District Special Use for a "Garage for the sole and exclusive purpose of restoring and reconstructing antique automobiles , being automobiles of at least 20 years of age and-or similar foreign collectible cars, with no outside storage of automobiles permitted" , property located at 735 Dundee Avenue by Mr . Edwin G. Haas. II . GENERAL INFORMATION A . Requested Action Special Use Approval B. Present Zoning B-1 Community Business District C. Proposed Zoning B-1 Special Use D. Intended Use Antique Automobile Repair E. Property Location 735 Dundee Avenue F. Petitioner Edwin G. Haas III . EXHIBITS A. Zoning Map 1"=600' (see attached) . B. Location Map 1"=100' (see attached ) . C . Letters of Objection ( see enclosed ) . D. Findings of Fact ( see enclosed ) . E. Transcript ( see enclosed ) . IV. CONSIDERATIONS A. Background A petition has been filed by Attorney Lyle C. Brown on behalf of Mr . Edwin G. Haas that requests a B-1 special use for an antique automobile restoration establishment with no outside storage permitted. The subject property is located at 735 Dundee Avenue (see Exhibits A and B) . The petitioner desires approval of the proposed special use in order to allow the restoration of antique automobiles on the subject property by a future purchaser of the property. PAGE 1- {u A`r Z, ep. B. Site Characteristics The subject property is approximately 9,614 square feet . The property is improved with a commercial structure and a paved area located at the rear of the building. C. Zoning History 1927 D-Comm. 1960 E-Comm. 1962 B-1 1950 E-Coma. 1961 E-Comm. Present B-1 D. Surrounding Land Use and Zoning The subject property is located within a portion of the Dundee Avenue Corridor zoned B-1 and R-3. The area located to the north , south, and west of the subject property are zoned B-1 and Developed with various business and residential uses. The area located to the east of the subject property is zoned R-3 and developed with single family residences and two-unit conversions . E. Trend of Development The subject property is located within a strip commercial pattern of development that straddles Dundee Avenue. The portion of the Dundee Avenue strip commercial area located between Summit Street and Lincoln Avenue is zoned and developed with B-1 uses , interspersed with residences . F. Comprehensive Plan The following is a summary of the relevent findings and policies of the comprehensive plan : 1 . The land use component of the comprehensive plan designates the subject property as part of a "transportation corridor". This land use designation represents major arterials in the city , as well as the adjacent land uses. The tra nsportation corridor designation recognizes the impact that arterials (traffic carrying capacity-exposure to a larger market) have on adjacent land use . Development or redevelopment within a corridor may be generally more intensive in character, while the appropriateness of a specific land use at a specific location within a corridor will be dependent on a number of factors including design compatibility with adjacent and surrounding land uses, development potential PAGE 2- (adaptability of existing improvements , lot width, lot area , natural environmental factors) and the relationship to the adjacent arterial (location and number of access points) . 2 . The segment of the Dundee Avenue transportation corridor in which the subject property is located , bisects an area designated urban residential . Special consideration should be given to design elements which will ensure compatibility of the proposed use with adjacent residences . 3. Other land use designations located in close proximity to the subject property include an area commercial center ; community facilities; and office, research and light manufacturing. These land use designations recognize existing commercial and industrial development located to the north of the subject property , and school district U-46 property . V . ACTION TAKEN At its regular meeting of February 18, 1985 , the Land Use Committee recommended approval of the proposed special use subject to the additional conditions by a vote of five (5) yes and zero ( 0) no ( see Exhibits D and E) . r PAGE 3- r — 11111i1i1111 1_ IIiim '1 -.=. •. - • .. : - 11111 -- - M.,:■- . - `S/ I:, II r:. I� ' /111111113M In 11"11.11.64.111.f. __ -. p_.:= - I liiiilim 1 >.,.. -.► — — w'a rr�..� 4 11 1 _'- -- :: _•• =- _ 4 ,. " 'M 11. 111111 111111111 . rai f.'— 11.11. _ —_ — =— r— : 111 a tan, .innunsysi .... ..■. ■1f■. 1.� _ .... – ..� 11��. 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ILLINOIS li • �' ZONING MAP 1: r: V-- IARCH .. 111! ~ RW . .tom.-n-.2 I . — I `� 1.. -111: In= YI urns.....ew.. RI ...t•a.a.ie—e.s 81 arm a. a. .rw o 112 .r+e.n..wwa,_ R! t..at-..as nes.s $7 — mom—' In =um_�I�:a II Nai 13 raw-mow ssr..a IN am= mow mows —_ •NNW R. ...� or,..st 84 was ewes sow BM :11111 H ..� i... .•...a s.. ACP rr.ew...a oluvw a m.w. •p' amino WPM UMW b _ o WO 1001 0300 1111 11100 8000 Exhibit A SCALE IN FEET ,001=„1 00g 00t 0 001 ----i Ole"P ,po - I GOV . 9A, lilv 3 1 m4f 5/v-qv &C). . gf\ o Ar tit/ s .1 f c TL0.ss& su 81S �■ N W W6 Lie P o9 ' L 600- v c1 Eh 7h Q 6 0 No p w, a• z�,vitt, _.o J 0 N 0 I $ 9 v 4b ` L a u,cc .. go> a on1 os I e, � N ' sl 4". ' I 7 a 0 s,0 - E/ boo- -pi L8� 18f Ili £° N VAIN/170.2 997 , 08b PLY osd o • • quo- // eor / 00 6- 'e r 9L'95/ o ,o CO S L °- g °-L v4y � r• r s., 0. 6 Loo-o,` P1.. 0 8 SON fa •)•10, s,u a Co _ '� -. �4e o►-�u h Z/ ° - '- Q)Oo- 9 �.'l: + :42?; : :), • #:: Soo- 49°1. o(V, L h . //o_ 5 S O" C) 0 a Lv-psr V sr - . ° ul �, �� ��_ �, � 44� �� 5 8- 6 oN dad P°°- 7 fo4 1►0.sii v 03�l30IS NO3 �6; se* v�' �• 38 01 113W1 / 1 /°°• 3 8 foi 1 60 . A. , z Fi i.6 F 891 --N Vii- V. -- . .... L°, ZII11 A I V0O- r u4 ,q4b Z/ib4 _ • Ov' - ofc.ci s, 93aiVE, I /s ,p zs 0 751 00. 44 •7 Of • r0 O i O Vv •eS� v $ ' -� bvNiNN � a of Pi qr t t Q LE! CO ,.3G 8iPt4 m to b o-L/ 600- 81 E 2 Ilk Is/ . . / ii' 8/0• 0/ Roo. c/ m Charles 0. Lamz 474 Columbia Av. r To the Planning and Land Use Commission: I and my wife would once again strongly urge the commission to not reccommend petition 9-85 for the property at 735 Dundee Av. As we have stated previously we feel allowing an auto body shop to locate at this address would be both determental to the City of Elgin and also to the property owners surrounding the area. An auto body shop can be called many names, such as "an auto restoration shop"' , but it is still about shoes no matter what it is called. A body shop located in this residential area would create two immediate problems: 1 ) a health problem; 2) a noise problem. Body shops work with many toxic materials , such as bondo dust toxic primers and paints, and lacquers, all of which must be vented outside. This is of major concern to me because we have three small children who spend most of their playing time in our fenced in back yard. Since we are located east of the said property and with the prevailing westerly winds in our area, I am greatly concerned for the potential health hazard this would create for my children who might breathe this while playing. These toxic fumes are dangerous. The second problem would be that of noise polution. A body shop requires many rooftop ventilators and compressors, air impact tools, pounding and sanding, all of which is not conducive in a residential area such as surounds this property. Another concern I have is that of property values. There is no doubt in mind that a body shop this close to residential property will greatly decrease surrounding property values. • . My last concern is about the specific business requesting the petiton. fek Though I am in no way questioning the integrity of the owner , I have been made aware of several complaints and city ordinance vialations in reference to his present auto restoration business . I would strongly suggest the commission investigate some background info before reccommending placing a possible questionable business in such a vunerable area. 44evx ---f-y,„2„ fm,,,A_ co-0-42_ sk._Lefitie umg•-pw. rrcu2_Q)5v;Ne?Loacz- ak-t-c2f; nuo, Mr. & Mrs. Charles Lamz 474 Columbia Avenue •Elgin, Illinois 60120 0 17 `1,4- ) 77 , ( e 4 .)/77 J <14j-ZC 46k aril )LAA-%2-64,1,1A-1 x,11 b'tk-( • I , `_�! -` jcto,4 Ltj At, 9'es—',Agii;tt-n-q6, 'C'J4 e /_, - , . ,0,77 Si'er,azoiLt PAA/J/6-4)--, „_bt s ( '3 . L LL Ara A/yregie, ekescL..„, ChrtAilLoto-A-Q &i,k4 - „op '73.5 ,A-0.4,(k_ /ow &o.Qk G5-), cic6464 ., J;N. J64111- I • • . 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I f V-1 '' _ _lin 4 _e -)-tyr _ , ,,,,,,,,I,4 , --'• ,, ,i,(% . . ,/ , 12/ Po( ‘.'111,,,,,Ag'itvrirfiv ,4ArY7-1c.' iy4t14,rr,,7vT.-4The J c7rigiyuAnciii) -1`77) .T,„ iittaxtv .-orm ic;‘) r i—C(' `Cf i 1 - 1,,n-f1 off , -� )�� U r4f)(r " i f 1 .'' " ' - -t7-140/ lilt ' 1 1 Ta ap• _it6, r J1%7V vz (--7( Pie- ' D h �Vj cap-'‘ toleci --t1. -.)- TI,11}1c '{'4)=3)4u \fq r,/%,a(41 ti-f- .)-cvf loki-_ ,„,ir 1,,,v) _-or,,,w,‘,,,ii- . 1:4(1,1 fryi_nt, - -)orrvoyy -91T " ' y--(.1 wHrisix-/ (0 cyroVirt\r•iff rT- .. ' If- s ► . ikc-,)fir rlft - kciryOyr- ,,-1c(---kgfivirin yvtor 0-01Amfitur ___A ,,),„ , --y-rgr t. . _ ,,,,, _ra-orr r-tvutu v _4 : ALN vr-ro . ornivx-n-Ts I-4)1 . March 6, 1985 FINDINGS OF FACT LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 9-85 Requesting a B-1 Community Business District Special Use for a "Garage for the sole and exclusive purpose of restoring and reconstructing antique automobiles, being automobiles of at least 20 years of age and-or similar foreign collectible cars, with no outside storage of automobiles permitted", property located at 735 Dundee Avenue by Mr . Edwin G. Haas . II . CONSIDERATIONS A petition has been filed by Attorney Lyle C. Brown on behalf of Mr. Edwin G. Haas that requests a B-1 special use for an antique automobile restoration establishment with no outside storage permitted . The subject property is located at 735 Dundee Avenue . The petitioner desires approval of the proposed special use in order to allow the restoration of antique automobiles on the subject property by a future purchaser of the property. III. FINDINGS AND RECOMME*NATION After due notice as required by law, the Land Use Committee held a public hearing on the proposed special use for an antique automobile restoration establishment on February 18, 1985. The petitioner appeared at the hearing and presented documentary evidence. Objectors appeared at the hearing and written objection has been filed to the proposed special use. The Land use Committee has made the following findings with respect to the requested special use. A. Site Characteristics : The subject property is approximately 9,614 square feet . The property is improved with a commercial structure and a paved area located at the rear of the building. B. Zoning History: 1927 D-Comm. 1960 E-Comm. 1962 B-1 • 1950 E-Comm. 1961 E-Comm. Present B-1 C. Surrounding Land Use and Zoning: The subject property is rft -Page 1- Exhibit D 14(/ located within a portion of the Dundee Avenue Corridor zoned B-1 and R-3. The areas located to the north, south, and west of the subject property are zoned B-1 and are developed with various business and residential uses. The area located to the east of the subject property is zoned R-3 is and developed with single family residences and two-unit conversions. D. Trend of Development : The subject property is located within a strip commercial pattern of development that straddles Dundee Avenue. The portion of the Dundee Avenue strip commercial area located between Summit Street and Lincoln Avenue is zoned and developed with B-1 uses, interspersed with residences. E. Comprehensive Plan: The following is a summary of the relevent findings and policies of the comprehensive plan: 1 . The land use component of the comprehensive plan designates the subject property as part of a "transportation corridor" . This land use designation represents major arterials in the city, as well as the adjacent land uses . The transportation corridor designation recognizes the impact that arterials (traffic carrying capacity-exposure to a larger market) have on adjacent land use. Development or redevelopment within a corridor may be generally more intensive in character , while the appropriateness of a specific land use at a specific location within a corridor will be dependent on a number of factors including design compatibility with adjacent and surrounding land uses , development potential (adaptability of existing improvements, lot width, lot area , natural environmental factors) and the relationship to the adjacent arterial (location and number of access points) . 2. The segment of the Dundee Avenue transportation corridor in which the subject property is located , bisects an area designated urban residential . Special consideration should be given to design elements which will ensure compatibility of the proposed use with adjacent residences. 3. Other land use designations located in close proximity to the subject property include an area commercial center; community facilities; and office, research and light manufacturing. These land use designations recognize existing commercial and industrial development located to the north of the subject property, and school district U-46 property. F. Public Convenience: The antique automobile restoration folk -Page 2- establishment is acceptable for the public convenience at the proposed location in that there will be no outside storage of automobiles, the building is constructed in such a manner that the escape of noise and odors to surrounding property is unlikely, and in that there is adequate space for safe and efficient off-street parking. rG. Public Health, Safety and Welfare: The antique automobile restoration business will be so designed, located and operated that the public health, safety and welfare will be protected because of the specific requirements of the B-i Community Business District , and in that these requirements promote the use of the subject property in a manner compatible with surrounding properties. H. Value of Other Property : The antique automobile restoration establishment will not cause substantial injury to the value of other property in the neighborhood in which it is located because of the specific requirements of the B-1 district, no outside storage of automobiles is permitted , the building is constructed in such a manner that the escape of noise and odors to surrounding property is unlikely and in that there is adequate space on the subject property for safe and efficient off-street parking. I . Additional Conditions : The Land Use Committee is of the opinion that Petition 9-85 should be subject to the following conditions : 1 . A solid six foot fence is to be constructed along the north , east and south sides of the off-street parking lot located at the rear of the building; and 2. Compliance with applicable codes and ordinances. Accordingly , on a motion to recommend approval of Petition 9-85, subject to the additional conditions , the vote was five (5) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 9-85. Roy . Bell , Chair an Land a Committe Planning and Land Use Commission 116 ' 051 I - . , ,76 410 id T. Deering, Sec ry A Use Committee . nning and Land Use Commission ew -Page 3-