The URL can be used to link to this page

Home My WebLink AboutG3-97 • Ordinance No. G3-97 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT ( 168 East Highland Avenue) WHEREAS, written application has been made for a CC1 Center City District conditional use for a planned development for residential/commercial mixed use at 168 East Highland Avenue; 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 planned development for residential/commercial mixed use at 168 East Highland Avenue and legally described as follows : PARCEL ONE LOT 2 , LOT 3 (EXCEPT THE WEST 30 . 5 FEET OF THE SOUTH 50 FEET THEREOF) , AND THAT PART OF LOTS 4 AND 5 LYING EASTERLY OF THE CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY (EXCEPT THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 4 WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE EAST ON SAID LINE SOUTH 11 1/2 FEET; THENCE NORTH ON THE EAST LINE OF SAID LOT 4, 75 1/2 FEET TO THE SOUTHERLY LINE OF THE VEEDER LOT; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF AFORESAID RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY TO THE POINT OF BEGINNING) , IN BLOCK 17 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL TWO THAT PART OF LOT 4 IN BLOCK 17 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF SAID LOT 4 AT A POINT FIFTY FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 4 , THENCE WEST ABOUT TWENTY TWO INCHES TO THE CENTER LINE OF A STONE WALL FORMING THE BASEMENT WALL OF STICKLING' S BUILDING ON SAID LOT 4 , THENCE NORTHWARD ALONG SAID CENTER LINE OF THE WALL ABOUT TWENTY FIVE FEET TO THE CENTER LINE OF THE NORTH WALL OF SAID BUILDING, THENCE EAST ABOUT TWENTY FOUR INCHES TO SAID EAST LINE OF LOT 4 , THENCE SOUTH ALONG SAID LINE ABOUT TWENTY FIVE FEET TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL THREE THE WEST 30 . 5 FEET OF THE SOUTH 50 FEET OF LOT 3 AND THAT PART OF LOT 4 IN BLOCK 17 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT WITH THE EASTERLY LINE ". OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE EAST ON SAID SOUTH LINE 11 1/2 FEET; THENCE NORTH ON THE EAST LINE OF SAID LOT 4 , 75 1/2 FEET TO THE SOUTHERLY LINE OF THE VEEDER LOT; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF AFORESAID RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART OF LOT 4 DESCRIBED IN A DEED TO WILLIAM D. ACKEMANN DATED AUGUST 11, 1908 AND RECORDED AUGUST 14 , 1908 IN BOOK 496, PAGE 166 AS DOCUMENT 97657 ) , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance with the Petitioner' s Statement and Residential Use Floor Plans . 2 . 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. - . w Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Kevin Kelly, Mayo Presented: January 22 , 1997 Passed: January 22 , 1997 Omnibus Vote: Yeas 6 Nays 0 Recorded: January 23, 1997 Published: Attest: Do onna Mecum, City Clerk emk December 18, 1996 CONDITIONAL USE FINDINGS AND RECOMMENDATION Planning Department City of Elgin, Illinois SUBJECT Consideration of Petition 66-96 Requesting Conditional Use Approval for a Planned Development; Property Located at 168 East Highland Avenue; by Kurt Kresmery, as Applicant and Owner. CONSIDERATIONS An application has been filed by Mr. Kurt Kresmery requesting conditional use approval for a planned development in the CC1 Center City District. The subject property is located at 168 East Highland Avenue. The applicant proposes to develop the southeast portion of the building with his personal residence. The dwelling unit would occupy the basement, first, and second floors of that portion of the building. The applicant further proposes to develop two upper floor apartments in an adjoining portion of the building. The remainder of the building is proposed to be marketed for occupancy by retail and office uses . FINDINGS After due notice as required by law, the Zoning and Subdivision Hearing Board held a public hearing to consider Petition 66-96 on December 4 , 1996 . The applicant testified at the hearing and presented documentary evidence in support of the application. No objectors appeared at the hearing. The Planning Department has submitted a Conditional Use Review, dated November 26 , 1996 . The Zoning and Subdivision Hearing Board has made the following findings concerning the subject property: A. Site Characteristics. The subject property contains approximately 22 ,000 square feet. The property is improved with a series of interconnected three-story buildings . B. Sewer and Water. The property is served with municipal sewer and water systems . Exhibit A FOF66 . 96/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET66 . 96 C. Traffic and Parking. The subject property has street frontage on East Highland Avenue and Division Street. East Highland Avenue functions as an arterial street between Center Street and State Street ( IL Route 31) . Division Street functions as a local street in the Center City. Off-street parking is accomodated in the public parking lots in the Center City. D. Zoning History. The subject property was zoned as follows during the years listed: 1928 "F" Commercial District 1950 "E" Commercial District 1960 "E" Commercial District 1961 "E" Commercial District 1962 B-2 Central Business District 1992 B-2 Central Business District Present CC1 Center City District The subject property is in conformance with the site design standards in the CC1 Center City District, and is being marketed for occupancy with uses allowed in that district. E. Surrounding Land Use and Zoning. The subject property is located within an area zoned CC1 Center City District. The surrounding area is developed with a variety of commercial service, office, and retail uses . F. Trend of Development. The subject property is located in a mature, "downtown" business district . G. Comprehensive Plan. The subject property is designated as "downtown commercial center" by the Official Comprehensive Plan for Elgin. RECOMMENDATION On a motion to recommend approval of Petition 66-96 subject to the following conditions, the vote was four ( 4 ) yes and zero ( 0) no: 1 . Substantial conformance with the Petitioner' s Statement and Residential Use Floor Plans . 2 . Compliance with all other applicable codes and ordinances . Therefore, the motion to recommend approval of Petition 66-96 was adopted. FOF66 . 96/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET66 . 96 earnk CAri-ciAl-P-10-#VkadvA . T Claude Hamlin, Chairman Tro Tem Zoning and Subdivision Hearing Board Tom Armstrong, Secret Zoning and Subdivision Hearing Board r ?Pk F0F66 . 96/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET66 . 96