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HomeMy WebLinkAboutG33-94 Ordinance No. G33-94 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP AT 226 N. STATE STREET WHEREAS, written application has been made for a CI Commercial Industrial District conditional use for a motor vehicle repair shop at 226 N. State Street; and WHEREAS, the Zoning and Subdivision Hearing Board 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 Zoning and Subdivision Hearing Board. 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 made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto e"' and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for a motor vehicle repair shop at 226 N. State Street and legally described as follows : PARCEL NO. 1 : LOT 9 AND THAT PART OF LOT 10 DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF 19 FEET 4 INCHES; THENCE SOUTHWESTERLY TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 6 FEET 6 INCHES WESTERLY OF THE SOUTHEAST CORNER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 6 FEET 6 INCHES TO THE POINT OF BEGINNING, IN BLOCK 25 OF W.C. KIMBALL' S SECOND ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS. PARCEL NO. 2 : LOT 8 AND THAT PART OF LOT 1 LYING EASTERLY OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY ALL IN BLOCK 25 OF THE ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : C 1 . Compliance with the site plan prepared by R. Vanderheyden, Architect, dated February 15, 1994 and revised by J. Khalaf on June 2, 1994 . /m6k 2 . Provide and maintain the required landscaping in the vehicle use area landscape yard. 3 . The use shall be limited to a maximum of two ( 2 ) service bays and a maximum of four (4 ) employees and minimum of ten parking stalls . 4 . Removal of sign frame from extending over right of way. 5 . No outside storage on property. 6 . The motor vehicle repair use shall be limited to drive shaft and axle repair. 7 . Compliance with all other applicable codes and ordinances . Section 3 . That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. eft. Geors V anDeVoorde, Mayor Presented: July 27 , 1994 Passed: July 27 , 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: July 28, 1994 Published: Attest: gi4t,v42. Do1onna Mecum, City Clerk May 26, 1994 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 06-94 Requesting a Conditional Use for a Motor Vehicle Repair Shop in the CI Commercial Industrial District; Property Located at 226 N. State Street; by Stephen M. Floro, as Applicant and William Cramer as Owner. II . CONSIDERATIONS A petition has been filed by Stephen M. Floro requesting CI Commercial Industrial District Conditional Use approval for a Motor Vehicle Repair Shop. The subject property is located at 226 N. State Street. The petitioner proposes to operate a drive shaft and axle repair business. III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 6-94 on May 18, 1994 . The petitioner and his attorney, Richard Heimberg, testified at the public hearing. Proponents of the petition did not testify at the public hearing. Objectors to the petition did not testify at the public hearing. Written correspondence in support of the petition was not submitted. Written correspondence in objection to the petition was not submitted. Petition Review, dated May 13, 1994, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 6-94 . This Petition Review, along with the exhibits attached thereto, and the written transcription -Page 1- Exhibit A FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D of the proceedings of the public hearing, are attached hereto and made a part hereof. The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition 6-94 : A. Site Characteristics The subject property contains approximately .5 acres and is the site of the former Cramer Cleaners . It also has accessory off-street parking and partially landscaped open space in the rear of the property. The property has a steep slope along Mill Street which increases in elevation in a westerly direction. The sign located at the southeast corner of the lot appears to overhang in the public right of way. B. Sewer and Water The subject property is served with existing sewer and water systems. C. Traffic and Parking The subject property's parking lot and overhead garage door has direct access to State Street. The parking section of the Zoning Ordinance requires two stalls per service bay plus one per employee. The proposed motor vehicle repair shop will include two service bays. The petitioner has represented that the business will employ a maximum of four persons. Based on the petitioner's representation, a total of eight parking spaces are required. D. Zoning History The subject property was zoned B-4 District prior to being rezoned to CI Commercial Industrial District in 1992 . E. Zoning Status Motor vehicle repair shops are listed as a conditional use in the CI Commercial District. There is no existing conditional use for a motor vehicle repair shop at this location. -Page 2- FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/21202&S.HBD/FOF.F&D F. Surrounding Land Use and Zoning The property to the north is developed with City Ornamental Iron Works and is zoned CI Commercial Industrial. West of the property there is a residence and railroad tracks both of which are zoned CI Commercial Industrial . Rohling Tires is located to the south and is zoned CI Commercial Industrial . A park is located to the east and is zoned CF Community Facility. G. Trend of Development The area in which the subject property is located is developed with a mixture of residential, commercial, industrial and open space uses. H. The subject property is located along a designated "transportation corridor" in the Comprehensive Plan. IV. RECOMMENDATION On a motion to approve Petition 6-94, subject to the following conditions : 1. Revisions to the site plan prepared by R. Vanderheyden, Architect, dated February 15, 1994, indicating compliance with the following: a. Replace gravel drive with sod or seeded lawn. b. Provide a refuse container which meets the requirements of section 19 .90.597 Refuse Collection Area. c. Compliance with the required landscaping in the vehicle use area landscaping yard. 2 . The use shall be limited to a maximum of two (2) service bays and a maximum of four (4) employees and a minimum of ten parking stalls. 3. Remove sign frame from extending over right of way. 4 . No outside storage on property. 5. The motor vehicle repair use shall be limited to drive shaft and axle repair. 6 . Compliance with all applicable codes and ordinances. r -Page 3- FOF06 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D /r.. the vote was five (5) yes and zero (0) no. Therefore, the motion to approve Petition 6-94 was approved. • . Denise Har ing Hopkins, it Zoning and Subdivision earing Board Thomas J. Ar tong, Secretary Zoning and Subdivision Hearing Board r r -Page 4- FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/F0F.F&D