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Home My WebLink AboutG4-95 Ordinance No. G4-95 AN ORDINANCE GRANTING A CONDITIONAL USE FOR MOTOR VEHICLE REPAIR AT 565 NORTH STATE STREET WHEREAS, written application has been made for a CI Commercial Industrial District conditional use for motor vehicle repair at 565 North 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 and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for motor vehicle repair at 565 North State Street and legally described as follows : THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE WEST BANK OF FOX RIVER 9 . 30 CHAINS NORTH OF THE CORNER ESTABLISHED BY JAMES TODD AND CHARLES KIMBALL; THENCE SOUTH 78 DEGREES 30 MINUTES WEST TO THE EASTERLY LINE OF NORTH STATE STREET AS ORIGINALLY LOCATED; THENCE NORTHWESTERLY ALONG EASTERLY LINE 297 FEET; THENCE NORTH 78 DEGREES 30 MINUTES EAST 89 . 60 FEET TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY FOR THE POINT OF BEGINNING; THENCE SOUTH 78 DEGREES 30 MINUTES WEST 83. 10 FEET TO THE EASTERLY LINE OF NORTH STATE STREET AS NOW LOCATED; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE 84 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 13 MINUTES MEASURED FROM NORTH TO EAST WITH THE LAST DESCRIBED LINE 80 . 10 FEET TO THE WESTERLY LINE OF SAID RAILROAD RIGHT OF WAY; THENCE NORTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 83 . 95 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. • be and is hereby granted subject to the following conditions : 1 . The motor vehicle repair business shall be limited to "wholesale auto repair" and shall otherwise operate in conformance with the petitioners statement prepared by Wayne Smith, dated May 5, 1994 . No outside storage of motor vehicles being repaired, motor vehicle parts, or accessories shall be allowed. 2 . No changes in occupancy shall be allowed unless the off-street parking calculations for the use, based on floor area and/or employment, equal three or less . 3 . Construction of the following additional structures shall be allowed without further amendment to the conditional use, provided that said structures do not result in an increase in floor area or building coverage, and provided that said structures do not further limit the ability to park within the existing driveway: -- off-street loading facilities; -- off-street parking facilities; -- signs; -- obstructions in yards, generally. 4 . Remove all gravel areas and restore with seed or sod or another suitable groundcover, and secure so that these areas cannot be used for motor vehicle parking. 5. Install a guardrail along the southerly property line in substantial conformance with the site plan attached in a letter from the Planning Department to Mike Flory, dated August 24, 1994 . 6 . 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. // / , / GeorgeVanDeVoorde, Mayor • September 21, 1994 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD - CITY OF ELGIN I . SUBJECT Consideration of Petition 30-94 Requesting a CI Commercial Industrial District Conditional Use for Motor Vehicle Repair, and Requesting a Variation of Section 19 .45 . 060 of the Elgin Municipal Code Pursuant to Section 19 .45.240(B) to Permit the Reduction of the Required Number of Off-street Parking Spaces; Property Located at 565 North State Street; by Wayne Smith, as Applicant, and Mike Flory, as Owner. II . CONSIDERATIONS A petition has been filed by Wayne Smith requesting CI Commercial Industrial District conditional use approval for a motor vehicle repair business, and requesting a variation to reduce the required number of off-street parking spaces . The subject property is located at 565 North State Street. The petitioner desires to establish a motor vehicle repair business at the subject property. The business would be conducted as a wholesale operation. There is room on the subject property to accomodate approximately three off-street parking spaces within the driveway accessing the overhead doors to the building. There is no room on the property to construct a conforming off-street parking lot. The metal stamping business occupying a portion of the building and the proposed motor vehicle repair business require a total of eleven off-street parking spaces (one for the metal stamping business and ten for the motor vehicle repair business) . Accordingly, an eight space (66%) variation is required to accomodate the parking requirements for both businesses . eft. Exhibit A Page 1 FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D . . r Presented: January 25, 1995 Passed: January 25, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: January 26, 1995 Published: Attest: II % c!} A -7-- Dolonna Mecum, Cit Clerk III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 30-94 on August, 17 and on September 7 , 1994 . The petitioner testified at the public hearing. A neighboring property owner expressed concerns regarding damage to his property from vehicles accessing the subject property and from water resulting from snow melt. A Petition Review, dated August 9, 1994 and a Memorandum, dated August 26, 1994 were submitted by the Planning Department, which neither recommended approval nor denial of Petition 30-94 . This Petition Review and Memorandum, along with the exhibits attached thereto, and the written transcription of the proceedings of the public hearing, are attached hereto and made a part hereof. The Zoning and Subdivision Hearing Board made the following findings with respect to Petition 30-94 : A. Site Characteristics The subject property contains approximately 6,850 square feet. The property is improved with a 3,969 square foot building, with a paved driveway accessing North State Street. B. Sewer and Water The subject property is improved with muncipal sewer and water systems . Storm water drains over land to the Fox River. C. Traffic and Parking The subject property fronts along North State Street ( Illinois State Route 31) . North State Street functions as an arterial street serving Elgin and other communities in the northern Fox Valley area. There is insufficient data available to estimate the number of vehicle trips generated by the proposed motor vehicle repair business . There is room to accomodate approximately three vehicles in the driveway serving the subject property and still allow access to the building. A total of eleven off-street parking spaces are required to serve the existing manufacturing use and the proposed motor vehicle repair use, collectively. f Page 2 FOF30 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S .HBD/FOF.F&D D. Zoning History 1927 H-Ind. 1962 M-1 1950 G-Ind. 1992 CI 1960 G-Ind. Present CI E. Zoning Status The existing building was completed in 1962, pursuant to permits issued in 1961 . At the time, there were no off-street parking requirements in effect. The existing improvements are lawful nonconforming with respect to current ordinance requirements regulating site design. The property may be occupied with any use allowed in the CI District, subject to compliance with all applicable codes and ordinances. F. Surrounding Land Use and Zoning The areas located to the north and south of the subject property are zoned CI Commercial Industrial District. These areas are developed with a variety of commercial service, industrial, and retail uses . The area located to the west of the subject property is zoned GI General Industrial District. North State Street is located to the immediate west of the subject property. A rail line and industrial uses are located to the west of State Street. The area located to the east of the subject property is zoned CF Community Facility District. Rail lines are located between the subject property and the Fox River. G. Trend of Development The properties fronting along North State Street have developed with a mixed use pattern of development, including commercial service, industrial, and retail uses . In general, this land use pattern was established prior to the adoption of regulations requiring purity of zoning. H. Comprehensive Plan The area in which the subject property is located is designated "transportation corridor" . Page 3 FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D IV. RECOMMENDATION On a motion to recommend approval of Petition 30-94 , subject to the following conditions : 1 . The motor vehicle repair business shall be limited to "wholesale auto repair" and shall otherwise operate in conformance with the petitioners statement prepared by Wayne Smith, dated May 5, 1994 . No outside storage of motor vehicles being repaired, motor vehicle parts, or accessories shall be allowed. 2 . No changes in occupancy shall be allowed unless the off-street parking calculations for the use(s) , based on floor area and/or employment, equal three or less . 3 . Construction of the following additional structures shall be allowed without further amendment to the conditional use, provided that said structures do not result in an increase in floor area or building coverage, and provided that said structures do not further limit the ability to park within the existing driveway: - off-street loading facilities - off-street parking facilities - signs - obstructions in yards, generally 4 . Remove all gravel areas and restore with seed or sod or another suitable groundcover, and secure so that these areas cannot be used for motor vehicle parking. 5 . Install a guardrail along the southerly property line in substantial conformance with the site plan attached in a letter from the Planning Department to Mr. Mike Flory, dated August 24, 1994 . 6 . Compliance with all other applicable codes and ordinances . the vote was six yes and zero no. Therefore, the motion to recommend approval of Petition 30-94 was adopted. Page 4 FOF30.94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D Denise Harding HoptIns, Chair -MU. Zoning and Subdivision Hearing Board Thomas J. A trong, Secreta Zoning and Subdivision Hearing Board raw e" Page 5 FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/21202&S .HBD/FOF.F&D