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Home My WebLink AboutG11-95 Aa ' r Ordinance No. G11-95 AN ORDINANCE AMENDING A CONDITIONAL USE FOR A MOTOR VEHICLE SERVICE STATION TO PERMIT THE INSTALLATION OF A CANOPY ( 901 Dundee Avenue) WHEREAS, written application has been made to amend the conditional use heretofore granted for a motor vehicle service station to permit the installation of a canopy at 901 Dundee Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice in the manner required by law and has submitted its written findings and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations 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 and made a part hereof by reference as Exhibit A. Section 2 . That the conditional use for a motor vehicle service station to permit the installation of a canopy at 901 Dundee Avenue and legally described as follows : LOT 9 IN BLOCK 2 OF THE INDUSTRIAL ADDITION TO THE CITY OF ELGIN, BEING A PART OF N.E. 1/4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS be and is hereby granted subject to the following conditions : 1 . Compliance with the site plan prepared by Clark Refining and Marketing, Incorporated, dated May 24, 1994 and revised January 13, 1995 . 2 . Compliance with all applicable codes and ordinances . Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after its passage, in the manner provided by law. George ,x;anDeVoorde, Mayor Presented: February 22, 1995 Passed: February 22 , 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: February 23, 1995 Published: Attest: Dolonna Mecum, City Clerk r retail building, a storage shed, and three pump islands. I' B. Sewer and Water The subject property is currently served with municipal sewer and water service. The proposed canopy will have no impact on the provision of sewer and water to the subject property. C. Traffic and Parking Dundee Avenue is an arterial street on the city's east side. Slade Avenue is a collector street on the city's east side. The proposed canopy will have no impact on the traffic generated by the motor vehicle service station. Off street parking must be provided in compliance with the requirements of Chapter 19.45 Off Street Parking, of the Elgin Municipal Code. D. Zoning History 1927 G Industrial District 1950 E Commercial District 1960 E Commercial District 1961 E Commercial District 1962 M-1 Limited Manufacturing District 1992 M-1 Limited Manufacturing District Present AB Area Business District E. Zoning Status A building permit was issued to Clark Oil and Refining Company in 1958 to construct a new service station at the subject property. The subject property has been in use as a service station since that time. The subject property does or does no comply with the requirements of the Elgin Zoning Ordinance as follow: Land Use: Motor vehicle service stations are a conditional use in the AB District. The subject property is conforming with respect to use. Zoning Lot Area: In the AB District, the minimum required zoning lot area is 20,000 square feet. The subject property contains 9,552 square feet. The subject property is nonconforming with respect to zoning lot area. S Page 2 ----- •��•►•*+i�nnnrw cuilInnpn.pC/3220CN.US/322000N.94/PET64.94 • December 7, 1994 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 64-94 ; Requesting an Amendment to the Conditional Use for a Motor Vehicle Service Station in Order to Install a Canopy; Property Located at 901 Dundee Avenue; by Doyle Construction and Remodeling, Incorporated, as Applicant; and Clark Oil and Refining, as Owner. II . CONSIDERATIONS A petition has been filed by Doyle Construction and Remodeling, Incorporated, requesting an amendment to the conditional use for a motor vehicle service station in order to install a canopy. The subject property is located at 901 Dundee Avenue. The petitioner proposes to construct a canopy over the existing pump islands . III. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Boardheld a public hearing on Petition 64-94 on December 7, 1994 . The petitioner testified at the public hearing. Proponents of the petition did not testify at the public hearing, and objectors to the petition did not testify at the public hearing. Written correspondence in support of the petition has not been submitted, and written correspondence in objection to the petition has not been submitted. The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition 64-94 : A. Site Characteristics The subject property is an irregularly shaped parcel containing approximately 9,552 square feet. The subject property is improved with a Exhibit A Zoning Lot Width: In the AB District, the minimum required zoning lot width is 125 feet. The subject property zoning lot width is 109 .5 feet. The subject property is nonconforming with respect to zoning lot width. Building Street Setback: The minimum required building street setback is 24 .8 feet. The minimum building street setback which is provided is 13 feet. The subject property is nonconforming with respect to building street setback. Building Interior Setback: The minimum required building interior setback is 4.84 feet. The minimum building interior setback which is provided is zero feet. The subject property is nonconforming with respect to building interior setback. Building Transition Setback: There is no building transition setback required for the subject property. Vehicle Use Area Street Setback: The minimum required vehicle use area street setback is 7.86 feet. The minimum vehicle use area street setback which is provided is 1.5 feet. The subject property is nonconforming with respect to vehicle use area street setback. Vehicle Use Area Interior Setback: The minimum required vehicle use area interior setback is 6 .00 feet. The minimum vehicle use area interior setback which is provided is zero feet. The subject property is nonconforming with respect to vehicle use area interior setback. Vehicle Use Area Transition Setback: There is no vehicle use area transition setback required for the subject property. Accessory Structures and Buildings: The existing shed encroaches into the minimum required building interior setback. The subject property is nonconforming with respect to required setback for the shed. The proposed canopy does not encroach into the minimum required vehicle use area street Page 3 wil,nnPD.PC/3220CN.US/322000N.94/PET64 .94 setback. The subject property will be conforming with respect to required setback for the canopy. Transition Landscape Yards : There is no transition landscape yard required for the subject property. Vehicle Use Area Landscape Yard: The minimum required vehicle use area street landscape yard is 7 .86 feet. The minimum vehicle use area landscape yard which is provided is 1.5 feet. The subject property is nonconforming with respect to vehicle use area landscape yard. A minimum of two trees, 11 - 18 shrubs, and a suitable ground cover are required within the landscape yards. No trees or shrubs are provided. Ground cover is provided adjoining Slade Avenue. The subject property is nonconforming with respect to required landscaping within the vehicle use area landscape yard. Interior Landscape Yard: A minimum 410 square foot interior landscape yard is required, to be planted with two trees and two shrubs. The subject property is improved with no interior landscaping. The subject property is nonconforming with respect to required interior landscaping. Floor Area: The maximum permitted floor area is 4,351 square feet. The subject property is improved with a 637 square foot commercial structure. The subject property is conforming with respect to floor area. Building Coverage: The maximum permitted building coverage is 1420 square feet. The subject property is improved with a 637 square foot commercial structure and a 27 square foot storage shed, for a total building coverage of 664 square feet. The subject property is conforming with respect to building coverage. Off Street Parking: For the 637 square foot commercial structure, three parking stalls are required, one of which must be accessible. One parking stall is provided. The subject property is nonconforming with respect to required number of parking stalls . C Page 4 FOFPET64 .94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N.94/PET64 .94 Off Street Loading: There is no off street loading berth requirement for the subject property. Signs: The subject property is allowed one monument sign, no more than 10 feet in height and 80 square feet in surface area. The subject property is allowed a maximum of two wall mounted signs per building face, a maximum of 80 square feet in surface area per building face. F. Surrounding Land Use and Zoning The area surrounding the subject property is zoned AB Area Business District and is developed with industrial, office and retail uses . G. Trend of Development The subject property is located in a mature commercial district which developed prior to the adoption of the current Zoning Ordinance. H. Comprehensive Plan The subject property is designated as part of an area/village center in the Comprehensive Plan. Dundee Avenue is designated as a transportation corridor. IV. RECOMMENDATION On a motion to recommend approval of Petition 64-94 , subject to the following conditions: 1. Revisions to the site plan, prepared by Clark Refining and Marketing, Incorporated, to include the following: Install additional landscaping within seeded area along Slade Avenue. Plant street trees within the Slade Avenue and Dundee Avenue rights of way. 2. Compliance with the revised site plan. 3. Compliance with all applicable codes and ordinances . Page 5 FOFPET64 .94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.94/PET64 . 94 t r+ the vote was six yes and zero no. ( Therefore, the motion to recommend approval of Petition 64-94 was adopted. it-idikk L-1 1f Denise Harding Hgpkins, Chair y' Zoning and Subdivision Hearing Board Jhr-nrr 2) 1J� 1L (11-11-7°.1r. Thomas J. Ar trong, Secrejai�' Zoning and Subdivision Hearing Board • r r Page 6 FOFPET64 .94/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.94/PET64 .94