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HomeMy WebLinkAboutG61-96 Ordinance No. G61-96 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A BILLIARD PARLOR AT 221 EAST CHICAGO STREET WHEREAS, written application has been made for a CC1 Center City District conditional use for a billiard parlor (amusement and recreational services, not elsewhere classified {SIC 7999} ) at 221 East Chicago 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 a billiard parlor (amusement and recreational services, not elsewhere classified SIC 7999} ) at 221 East Chicago Street and legally described as follows : THE EAST HALF OF THE FOLLOWING PARCEL: THE EAST 44 FEET OF LOT 2 IN BLOCK 11 OF JAMES T. GIFFORD' S PLAT OF EAST ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Compliance with the floor plan prepared by Mr. Young, dated July 1, 1996 . 2 . Removal of vaults located in the Chicago Street right of way, adjoining the zoning lot. Vault removal shall be coordinated with the City of Elgin Engineering Division. 3 . Improvements to the zoning lot building facade, including but not limited to repair/replace- eft. ment of windows, repair/replacement painting of trim and doors . 0 4 . Compliance with the following Rules of Operation: a. Hours of operation shall be as follows : Sunday-Thursday: 10 : 00 a.m. to 1 : 00 a.m. Friday-Saturday: 10 : 00 a.m. to 2 : 00 a.m. b. There shall be present on the premises at all times a manager for the facility. c. The space for patrons shall be confined to the front of the premises, being the area where the billiard tables are located and extending to the lavatories shown on the floor plan. d. The garage on the premises shall be used for parking by employees only. e. No alcohol shall be served, consumed or possessed by any person on the premises . f. Anyone under the age of 18 present on the premises must be accompanied at all times fow by an adult (a person over the age of 18) . g. No loitering shall be allowed. Persons who are not playing must be waiting to play. Any person loitering on the premises will be asked to leave by the manager, and, if he/she refuses, then the police would be called. h. No shouting, swearing or other unruly conduct shall be allowed. i . There shall be no gambling on the premises . 5 . 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. Kevin Kelly, Mayor Presented: November 6, 1996 Passed: November 6, 1996 Vote: Yeas 4 Nays 3 Recorded: November 7 , 1996 Published: Attest: , Dolonna Mecum, City Clerk P Octoper 2, 1996 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I . SUBJECT Consideration of Petition 50-96 Requesting Conditional Use Approval for a Billiard Parlor (Amusement and Recreational Services , Not Elsewhere Classified {SIC 79991 ) in the CC1 Center City District; Property Located at 221 East Chicago Street; by Lung Young, as Applicant, and Marian Ginsberg, as Owner. II . CONSIDERATIONS A petition has been filed by Mr. Young requesting conditional use approval for a billiard parlor in the CC1 District . The subject property is located at 221 East Chicago Street . The petitioner proposes to utilize the first floor of the east half of the existing building at the subject property for the operation of a billiard hall . The amusement use would consist of six pool tables to be rented by the hour, with chairs for 15 to 18 spectators awaiting table time, and a coin operated wall mounted music box. The billiard hall, as proposed, would be operated by three employees ( including the owner) and would operate from 12 noon to 1: 00 a.m. , seven days a week. Refreshments, consisting of soft drinks and packaged snacks would be sold. No cooking of food or serving of alcoholic beverages is proposed. Future plans include retail sales of a line of pool playing equipment. III . FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 50-96 on September 4 , 1996 , and September 18, 1996 . The petitioner testified at the public hearing. Proponents of the petition did not testify at the public hearing, but objectors to the petition testified at the public hearing. Written correspondence in support of the petition has not Exhibit A been submitted, but written correspondence in objection to the petition has been submitted. The Zoning and Subdivision Hearing Board has made the following findings with respect to Petition 50-96 : A. Site Characteristics . The subject property is a regularly shaped parcel containing approximately 5808 square feet . The subject property is developed with a three story building which is built to the property lines . The subject conditional use would be limited to operation on the first floor of the east half of the existing building. B. Sewer and Water The subject property is currently served with municipal sanitary sewer and water service. The proposed conditional use would not impact the provision of sewer and water service to the subject property. C. Traffic and Parking East Chicago Street is a major arterial street. Traffic counts for East Chicago Street adjoining the subject property are not available. There is no on site parking indicated for the subject property, however there is an area on the floor plan which is marked as "garage or warehouse and loading dock" . No proposed use for that area has been indicated. The nearest public parking lot is located approximately one half block west of the subject property, at the northeast corner of East Chicago Street and North Spring Street. D. Zoning History 1928 E Commercial 1950 E Commercial 1960 E Commercial 1961 E Commercial 1962 B-2 Central Business District 1992 B-2 Central Business District Present CC1 Center City District E. Zoning Status Land Use: The zoning lot is developed with a three story building. The conditional use is proposed to Page 2 FOFPET50 . 96/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/3220O0N. 96/PET50 . 96 occupy the first floor of the east half of the building. The west half of the first floor is occupied by Y' s Buys Thrift Shop. The entire second floor of the building is occupied by Line Archery. The entire third floor of the building is vacant. The basement is used for mechanical and storage purposes . It has been determined by the Zoning Officer that the billiard hall may only be established at the subject property if the requested conditional use is approved. Lot Area: In the CC1 Center City District, no minimum zoning lot area is required. Lot Width: In the CC1 District, no minimum zoning lot width is required. Setbacks : In the CC1 Center City District, no building setbacks are required. However, if a building is setback from an interior lot line, the building must be setback a minimum of five feet. The subject property is built lot line to lot line, and is therefore conforming, with respect to building setbacks . Floor Area: The maximum permitted building floor area is 500 percent of the zoning lot area. The subject property is developed with a building containing floor area equal to 300 percent of the zoning lot, and is therefore conforming with respect to floor area. Building Coverage: The maximum permitted building coverage for the zoning lot is 100 percent of the zoning lot area. The subject property is developed with a building which covers 100 percent of the zoning lot, and is therefore conforming with respect to building coverage . Off Street Parking: Land uses located within the CC1 Center City District are not required to provide off street parking. F. Surrounding Land Use and 'Zoning The area surrounding the subject property is zoned CC1 Center City District . The area located to the north of the subject property is developed with a municipal parking lot, the YWCA, retail businesses and service businesses . The area located to the east of the subject property is developed with the Knights of Columbus Hall and a floor covering store. The area located to the south of the subject property is developed with the Elks Lodge, apartments, and a Page 3 FOFPET50 . 96/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220OON. 96/PET50 . 96 warehouse. The area located to the west of the subject property is developed with retail and service businesses . G. Trend of Development The subject property is located in the Center City. The Center City has developed with a wide variety of entertainment, retail, recreational, social service, and residential uses . H. Comprehensive Plan The subject property is located within the Center City. The Center City Master Plan, an amendment to the Comprehensive Plan, locates the subject property on the border between the Commercial Core District and the Hilltop District. The Commercial Core District represents the remaining retail heart of the Center City. It provides a mix of uses including retail, institutional, office, service commercial and social services . r The Hilltop District occupies the high ground of the Center City. The district is home to several churches, and also serves as a transition from the Commercial Core to the Gifford Park neighborhood. IV. RECOMMENDATION On a motion to recommend approval of Petition 50-96 , subject to the following conditions : 1 . Revisions to the floor plan, prepared by Mr. Young, dated July 1, 1996 , to indicate proposed use( s ) of the area indicated at "garage or warehouse and loading dock" . 2 . Removal of vaults located in the Chicago Street right of way, adjoining the zoning lot. Vault removal shall be coordinated with the City of Elgin Engineering Division. 3 . Improvements to the zoning lot building facade, including but not limited to repair/replacement of windows , repair/replacement/painting of trim and doors . 4 . Compliance with the following Rules of Operation: eft. Page 4 FOFPET50 . 96/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/3220O0N. 96/PET50 . 96 a . Hours of operation shall be as follows : Sunday - Thursday: 10 : 00 a .m. to 1 : 00 a.m. Friday - Saturday: 10 : 00 a .m. to 2 : 00 a.m. b. There shall be present on the premises at all times a manager for the facility. c . The space for patrons shall be confined to the front of the premises, being the area where the billiard tables are located and extending to the lavatories shown on the floor plan. d. The garage on the premises shall be used for parking by employees only. e . No alcohol shall be served, consumed or possessed by any person on the premises . f . Anyone under the age of 18 present on the premises must be accompanied at all times by an adult ( a person over the age of 18) . g. No loitering shall be allowed. Persons who are not playing must be waiting to play. Any person loitering on the premises will be asked to leave by the manager, and, if he/she refuses, then the police would be called. h. No shouting, swearing or other unruly conduct shall be allowed. i . There shall be no gambling on the premises . 5 . Compliance with all other applicable codes and ordinances . the vote was three yes and one no . Therefore, the motion to recommend approval of Petition 50-96 was adopted. nO Q Ralph Tiberi, Chairman Zoning and Subdivision Hearing Board A, I��Z 1i-r\ y Jerold T. eering, Secretary Page 5 FOFPET50 . 96/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/3220O0N. 96/PET50 . 96