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HomeMy WebLinkAboutG75-97 Ordinance No. G75-97 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to nonconforming uses ; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 19 . 90 entitled "Supplementary Regulations" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 19 . 90 . 845 to read as follows : "Nonconforming Use" shall mean any use of land, emk or the structure or building thereon, existing on the effective date of this title, or any subsequent amendment hereto, that does not, even though lawfully established, comply with all of the regulations of this title for the zoning district in which such land, or the structure or building thereon, is located . A. When a valid building permit or occupancy permit cannot be produced to substantiate the lawful establishment of a nonconforming use of land located in the HP Historic Preservation District, RC1 , RC2 and RC3 Residence Conservation Districts , SFR1 and SFR2 Single-Family Residence Districts, TFR Two-Family Residence District, or MFR Multiple-Family Residence District, each of the following criteria shall be substantiated before the nonconforming use of land is recognized as having been lawfully established: 1 . The building or structure, or the modification to the building or structure that created the nonconforming use of land, was con- structed before January 1, 1992 . 2 . The nonconforming use of land complies ema" with all applicable provisions of the City of Elgin Building Code, Plumbing Code, Electrical Code, Fire Prevention Code, and the Heating, Ventilating and Air Conditioning Code, Elgin Historic Preservation Ordinance, and Rental Residential Property Licensing Ordinance . 3 . The current record owner of the nonconforming use of land was not issued a written notice from the city in which the record owner was cited for establishing the unlawful nonconforming use of land and ordered to abate the unlawful nonconforming use of land, nor was the current record owner denied a building permit to create the unlawful nonconforming use of land, nor was current record owner denied any relief relating to the nonconforming use of land requested in a petition filed before the Zoning and Subdivision Hearing Board or the Planning and Development Commission. 4 . An application for a Land Use • Determination for the nonconforming use of land was filed with the Department of Code Administration and Neighborhood Affairs not later than 180 days from the effective date of this ordinance . B. In addition to the requirements set forth in subparagraph (A) of this section, nonconforming uses of land established before January 1, 1960 shall be substantiated by the following sources : 1 . The nonconforming use of land shall be substantiated by one of the following sources : a . A Land Use Determination issued by the City of Elgin indicating that the nonconforming use of land was established before January 1 , 1960 , or; b. Real property tax assessment records maintained by either the Kane County Supervisor of Assessments or the Cook County Assessor indicating that the nonconforming use of land was established before January 1 , 1960 . 2 . If the documentation required in subparagraph (B) ( 1 ) (a) or subparagraph (B) ( 1 ) (b) of this section cannot be produced, the nonconforming use of land shall be substantiated by any two ( 2 ) of the following sources indicating that the nonconforming use of land was established before January 1, 1960 : a . A city building permit making tr` reference to the nonconforming use of land. b. The directory published by the Multiple Listing Service of Northern Illinois (MLS ) . c . Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units [SR] . Utility meters for common areas of the premises shall not be deemed to satisfy this criteria. d. One or both of the two publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory. e. A Sanborn Fire Rating Map. f . A City of Elgin 1939 Residential Survey Card. eft g. A classified advertisement appearing in a regularly published newspaper. h. Land use survey maps completed by the city in the years 1972 or 1986 . Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two sources for purposes of subparagraph (B) ( 2 ) of this section. i . Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land. j . Signed and dated federal income tax records including a Schedule E form referencing the nonconforming use of land. C. In addition to the requirements set forth in subparagraph (A) of this section, nonconforming /f►- uses of land established after January 1, 1960 and r before January 1, 1992 shall be substantiated by the following sources : 1 . The nonconforming use of land shall be substantiated by one of the following sources : a. A Land Use Determination issued by the City of Elgin indicating that the nonconforming use of land was established before January 1, 1992 , or; b. Real property tax assessment records maintained by either the Kane Coun- ty Supervisor of Assessments or the Cook County Assessor indicating that the noncon- forming use of land was established before January 1 , 1992 . 2 . If the documentation required in subparagraph (C) ( 1 ) (a) or subparagraph (C) ( 1) (b) of this section cannot be produced, the nonconforming use of land shall be substantiated by any three ( 3 ) of the following sources indicating that the nonconforming use of land was established before January 1 , 1992 : �r. a . A city building permit making f reference to the nonconforming use of land. b. The directory published by the Multiple Listing Service of Northern Illinois (MLS) . c . Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units . Utility meters for common areas of the premises shall not be deemed to satisfy this criteria . d. One or both of the two publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory. e. A Sanborn Fire Rating Map. f . A City of Elgin 1939 Residential Survey Card. g. A classified advertisement rm. appearing in a regularly published newspaper. h. Land use survey maps completed by the city in the years 1972 or 1986 . Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two sources for purposes of subparagraph (C) ( 2 ) of this section. i . Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land. j . Signed and dated federal income tax records including a Schedule E form referencing the nonconforming use of land. 3 . In addition to the requirements set forth in subparagraphs (C) ( 1 ) and (C) ( 2 ) of this section, nonconforming uses of land established fek after January 1 , 1960 and before January 1, 1992 shall comply with the off-street parking provisions set forth in Chapter 19 . 45 of this title . If the nonconforming use of land cannot create off-street parking facilities [SR] in accordance with the provisions set forth in Chapter 19 . 45 of this title, one and one-half ( 1 . 5 ) off-street parking stalls [SR] for each dwelling unit [SR] shall be created on the zoning lot [ SR] in which the nonconforming use of land is located, and the nonconforming use of land shall otherwise comply with Chapter 19 . 45 and all other applicable sections of this title . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. me Kevin Kelly, Mayor Presented : December. 3 , 1997 Passed : December 3 , 1997 Omnibus Vote : Yeas 7 Nays 0 Recorded: December 4 , 1997 Published: Attest : D.lonna Mecum, C ' ty Clerk Ordinance No. G75-97 AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to nonconforming uses; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1. That Chapter . 19 . 90 entitled "Supplementary Regulations" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 19 . 90 .845 to read as follows : "Nonconforming Use" shall mean any use of land, or the structure or building thereon, existing on the effective date of this title, or any subsequent amendment hereto, that does not, even though lawfully established, comply with all of the regulations of this title for the zoning district in which such land, or the structure or building thereon, is located. A. When a valid building permit or occupancy permit cannot be produced to substantiate the lawful establishment of a nonconforming use of land located in the HP Historic Preservation District, RC1, RC2 and RC3 Residence Conservation Districts, SFR1 and SFR2 Single-Family Residence Districts, TFR Two-Family Residence District, or MFR Multiple-Family Residence District, each of the following criteria shall be substantiated before the nonconforming use of land is recognized as having been lawfully established: 1 . The building or structure, or the modification to the building or structure that created the nonconforming use of land, was con- structed before January 1 , 1992 . 2 . The nonconforming use of land complies with all applicable provisions of the City of Elgin Building Code, Plumbing Code, Electrical Code, Fire Prevention Code, and the Heating, • Ventilating and Air Conditioning Code, Elgin Historic Preservation Ordinance, and Rental Residential Property Licensing Ordinance. 3 . The current record owner of the nonconforming use of land was not issued a written notice from the city in which the record owner was cited for establishing the unlawful nonconforming use of land and ordered to abate the unlawful nonconforming use of land, nor was the current record owner denied a building permit to create the unlawful nonconforming use of land, nor was current record owner denied any relief relating to the nonconforming use of land requested in a petition filed before the Zoning and Subdivision Hearing Board or the Planning and Development Commission. 4 . An application for a Land Use Determination for the nonconforming use of land was filed with the Department of Code Administration and Neighborhood Affairs not later than 180 days from the effective date of this ordinance. B. In addition to the requirements set forth in subparagraph (A) of this section, nonconforming uses of land established before January 1, 1960 shall be substantiated by the following sources : 1 . The nonconforming use of land shall be substantiated by one of the following sources : a. A Land Use Determination issued by the City of Elgin indicating that the nonconforming use of land was established before January 1, 1960, or; b. Real property tax assessment records maintained by either the Kane County Supervisor of Assessments or the Cook County Assessor indicating that the nonconforming use of land was established before January 1, 1960 . 2 . If the documentation required in subparagraph (B) ( 1 ) (a) or subparagraph (B) ( 1) (b) of this section cannot be produced, the nonconforming use of land shall be substantiated by any two ( 2 ) of the following sources indicating that the nonconforming use of land was established before January 1, 1960 : a. A city building permit making reference to the nonconforming use of land. b. The directory published by the Multiple Listing Service of Northern Illinois (MLS) . c. Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units [SR] . Utility meters for common areas of the premises shall not be deemed to satisfy this criteria . d. One or both of the two publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory. e. A Sanborn Fire Rating Map. f . A City of Elgin 1939 Residential Survey Card. g. A classified advertisement appearing in a regularly published newspaper. h. Land use survey maps completed by the city in the years 1972 or 1986 . Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two sources for purposes of subparagraph (B) (2 ) of this section. i . Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land. j . Signed and dated federal income tax records including a Schedule E form referencing the nonconforming use of land. C. In addition to the requirements set forth in subparagraph (A) of this section, nonconforming uses of land established after January 1, 1960 and before January 1, 1992 shall be substantiated by the • following sources : 1 . The nonconforming use of land shall be substantiated by one of the following sources : a. A Land Use Determination issued by the City of Elgin indicating that the nonconforming use of land was established before January 1, 1992, or; b. Real property tax assessment records maintained by either the Kane Coun- ty Supervisor of Assessments or the Cook County Assessor indicating that the noncon- forming use of land was established before January 1, 1992 . 2 . If the documentation required in subparagraph (C) ( 1) (a) or subparagraph (C) ( 1) (b) of this section cannot be produced, the nonconforming use of land shall be substantiated by any three ( 3) of the following sources indicating that the nonconforming use of land was established before January 1, 1992 : a. A city building permit making reference to the nonconforming use of land. b. The directory published by the Multiple Listing Service of Northern Illinois (MLS) . c . Utility company records from any utility company servicing the nonconforming use of land or the existence of utility meters serving separate dwelling units . Utility meters for common areas of the premises shall not be deemed to satisfy this criteria. d. One or both of the two publications listing the names and addresses of persons residing within the city, said publications being commonly referred to as the Polk Directory and the Haynes Directory. e. A Sanborn Fire Rating Map. f . A City of Elgin 1939 Residential Survey Card. g. A classified advertisement • appearing in a regularly published newspaper. h. Land use survey maps completed by the city in the years 1972 or 1986 . Nonconforming uses of land appearing on both the 1972 and 1986 land use survey maps shall not constitute two sources for purposes of subparagraph (C) (2 ) of this section. i . Mortgage documentation or qualified appraisal records from a financial institution made in conjunction with a mortgage loan application or mortgage loan refinancing for the nonconforming use of land. j . Signed and dated federal income tax records including a Schedule E form referencing the nonconforming use of land. 3 . In addition to the requirements set forth in subparagraphs (C) ( 1) and (C) ( 2 ) of this section, nonconforming uses of land established after January 1, 1960 and before January 1, 1992 shall comply with the off-street parking provisions set forth in Chapter 19 . 45 of this title. If the nonconforming use of land cannot create off-street parking facilities [SR] in accordance with the provisions set forth in Chapter 19 . 45 of this title, one and one-half ( 1 . 5) off-street parking stalls [SR] for each dwelling unit [SR] shall be created on the zoning lot [SR] in which the nonconforming use of land is located, and the nonconforming use of land shall otherwise comply with Chapter 19 . 45 and all other applicable sections of this title . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 3, 1997 Passed: December 3, 1997 Omnibus Vote: Yeas 7 Nays 0 Recorded: December 4, 1997 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk November 3, 1997 FINDINGS OF FACT Planning and Development Commission City of Elgin, Illinois SUBJECT Consideration of Petition 67-97 Requesting an Amendment to the Text of Title 19, Zoning, of the Elgin Municipal Code, concerning the Nonconforming Use Status of Two Family and Multiple Family Residential Conversions in all Residence Districts by the City of Elgin, as Applicant. BACKGROUND An application has been filed by the City of Elgin requesting an amendment to the Elgin Zoning Ordinance. The concept for the amendment was developed by the Multiple Family Deconversion Task Force. The text was prepared by the Legal Department. The proposed amendment establishes the criteria for classifying a two family or multiple family residential conversion as a eimm. nonconforming use. FINDINGS After due notice, as required by law, the Planning and Development Commission held a public hearing in consideration of Petition 67-97 on October 20, 1997 . The applicant testified at the hearing and presented documentary evidence in support of the application. Objectors appeared at the hearing. Written correspondence has been submitted. The Legal Department has submitted a draft document entitled, An Ordinance Amending Chapter 19, Entitled "Zoning" , of the Elgin Municipal Code, 1976 , as Amended (Final Revision) . The Planning and Development Commission has made the following findings concerning the requested text amendment: 1 . That the zoning status of each property in question should be reviewed on a case by case basis by a city board or commission. '2 . That the proposal should be balanced more in favor of maintaining the integrity of the zoning ordinance. FINDINGS OF FACT Planning and Development Commission Petition 67-97 November 3, 1997 3 . That the parking section of the proposed ordinance should be revised to require parking only when it is physically possible. RECOMMENDATION The Planning and Development Commission recommends the denial of Petition 67-97 . On a motion to approve Petition 67-97, the vote was two (2) yes and five (5) no. Therefore, the motion to recommend the approval of Petition 67-97 failed. elZgall&X altirtatATZI.A.RAMiS• Robert W. Siljestrom, Chairman Planning and Development Commission ..szlows Jer Deering, Secretary Planning and Development Commission Page 2 7FINDING/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97 f ik RELATED COMMUNICATION PETITION 67-97 COVER/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97 • •• • •� �• ••* •• • •;•;• Neighborhood Housing Services of Elgin, Inc. •• • 300 Douglas Avenue ❖ Elgin,Illinois 60120 ❖ 847 695-0399 ❖ Fax 847 695-7011 • • •"• •' • • * , • • September 11, 1997 Mission Statement Mr. Robert Siljestrom,Chairman To renew pride,restore confidence, Planning and Development Commission promote reinvestment and revitalize City of Elgin the NHS neighborhoods through the 150 Dexter Court efforts of local residents,financial Elgin, IL 60120 institutions,the business community, foundations and local government RE: Unlawful Residential Uses Task Force Recommendation Board of Directors Dear Chairman Siljestrom: Officers OR behalf of the Board of Directors of Neighborhood Housing Services, I offer the following comment on the above captioned item that is scheduled to come before the President Planning and Development Commission. David Tawe First Vice President NHS has been working to develop strategies that restore pride and promote Karen Schock reinvestment in Elgin's neighborhoods for nearly two decades. In that time, NHS has become well aware of the impact that overcrowded and neglected properties have on Second Vice President neighborhood value. As outlined in a recent study of neighborhood stress, prepared by Sheryl Traficano the Planning Department,overcrowding was used as one of the criteria to determine AmkTreasurer the stress level in Elgin's neighborhoods. tr Eric Stuckey The NHS Board of Directors understands the difficult and complex question facing the Secretary Task Force the Planning Development Commission,the City Council and ultimately the Marc Falk community regarding unlawful residential uses.The Task Force appears to have weighed virtually every issue against one another to attempt to arrive at some Directors consensus on how to handle these properties now and in the future.The Board has Dan Corcoran grown to appreciate the complexity of the question and the community's desire to mitigate the impact of these unlawful uses.The NHS Board of Directors sees the Jack Darr recommendation by the Task Force as reasonable and equitable.The development of Jeffrey Gocken the new Multi-Family Conversion Program was based on the elimination of lawful, Denise Harding-Hopkins residential uses.The subsquent revision to include owner-occupied, unlawful uses and Diane Krzystofayk the extension of additional funding to include a portion of the units in question by the Larry McMurray Task Force are seen as further steps to temper the negative impact these units have on neighborhoods and property values. Cherie Murphy Rose Oliver It is the recommendation of the NHS Board of Directors that the Planning and Rhonda Pokoj Development Commission approve the recommendation of the Task Force on Unlawful Jim Schneff Residential Uses as submitted. Please extend our thanks to the Commissioners for their careful consideration of this important issue. Reggie Stephens Sincerely, Executive Director , /f7 . Stuart Wasilowski ,.et :Al_A-:/,�� David Towe N i a NeighborWorks member Building Pride, City-wide! ,_ • • Greg Tyson 36 S. Commonwealth Elgin, IL 60123 (847) 931-1154 Sept. 24, 1997 Mayor& City Council Members City of Elgin 150 Dexter Court Elgin, IL 60123 Dear Mayor& Council Members, I would like to take this opportunity to thank you for giving me the opportunity to serve on the Zoning and Subdivision Hearing Board. I hope that I have brought valuable knowledge and additional perspectives to the board. There is no doubt that this opportunity has given me additional knowledge and information. I would also like to thank the Council members and the volunteers who have spent many hours working to write a deconversion policy. Although I have only seen a draft proposal, there is a question in regard to the intent of the wordage and without doubt a question with the implementation of the program. If you are to read the proposal it would seem that this text amendment to the City of Elgin's zoning ordinance is a good compromise between all parties concerned. However, with closer examination, I would like to call your attention to the section concerning parking. Current language indicates that the property owner must first establish that the current building usage was established prior to 1992. After this usage has been documented, if the usage was established between 1962 and 1992, the building must adhere to current parking standards. There is a formula and a set of criteria that is used to establish the allowable number of parking spaces within a given parcel of land. Our Zoning ordinances establish construction specifications when establishing a parking area. These specifications include landscaping, curbing, where and how many egresses to name a few. It will be very difficult for a residence that was established a number of years ago to be able to adhere to current zoning standards. Most homes that were established prior to 1992, single family or multi-family, will not be able to conform to the adherence of the current zoning ordinance. It is important that we obtain additional off street parking, but we cannot make the criteria too cumbersome. I would like to offer a solution to this problem. The text amendment should call for property owners to install as many off street parking spaces as the zoning ordinance will allow, up to two stalls per unit. This differs from the current language because the property owner will have to obtain "as many" parking stalls rather than a mandated number. This will allow for some flexibility, but obtain a benefit of additional off street parking. This by no means will imply-that BOCA construction standards will not be adhered to. Please instruct staff to give you additional information in regards to the implementation of both t - current proposed language and the suggested language. Sine; ; y, CC: Mayor Kevin Kelly Councilman Terry Gavin • Councilman Robert Gilliam Councilman John McKevitt Councilman Ed Schock Councilman John Walters Councilwoman Marie Yearman r Mr.Robert Siljerstrom,Chairman Elgin Planning Commission City Hall 150 Dexter Ct. Elgin, IL 60120 October 9, 1997 Dear Mr. Siljerstrom: I am writing to express my opposition to the proposed ordinance,Amending Chapter 19 Entitled"Zoning" of the Elgin Municipal Code, 1996 As Amended. As an active member of the Original Eastside Neighbors,I have worked very hard to help to improve our neighborhood. These efforts would be negated by passage of the aforementioned ordinance. Wholesale grandfathering of illegal uses will only put us further behind in our efforts to improve overcrowded neighborhoods. As Chairman of the Image Advisory Commission, I have seen first hand how we need to fight the"image" battle everyday. I am not commenting on behalf of the commission,but from my experience passage of this measure will not bode well for Elgin's stature. Please send the City Council a message,that Elgin will not put up with overcrowded, illegal uses that negatively impact neighborhoods. We have come to far in improving this city,we can't afford to start reversing that progress. Si ely/ avid A. Berkey 28 N.Gifford St. Elgin, IL 60120 r 7 • IRD REVISION AN ORDINANCE AMENDING CHAPTER 19, ENTITLED "ZONING," OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED 1 WHEREAS, written application has been made to amend the Elgin Zoning 2 Ordinance provisions pertaining to nonconforming uses; and 3 WHEREAS, the Planning and Development Commission held a public hearing 4 concerning the proposed amendment after due notice in manner provided by law; and 5 WHEREAS, the Planning and Development Commission has submitted its written 6 findings and recommendation that the requested amendment be granted; and 7 WHEREAS, the City Council of he City of Elgin, Illinois, concurs in the findings 8 and recommendation of the Planning and Development Commission. 9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 10 OF ELGIN, ILLINOIS: Section 1. That Chapter 19.90 entitled "Supplementary Regulations,' of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending 13 Section 19.90.845 to read as follows: 14 "Nonconforming Use" shall mean any use of land, or the structure or building 15 thereon, existing on the effective date of this title, or any subsequent amendment hereto, 16 that does not, even though lawfully established, comply with all of the regulations of 17 this title for the zoning district in which such land, or the structure or building thereon, 18 is located. 19 W. -n . V. '• . _ •' a . . - y•.' •r • .. . , e.e- . • • .- •r•• _ • • 20 / •1. i. - - -• it_ :•.7r • a..--1 • . • • • • • •f•.•. • • 110 -• • • - HP 21 Y• p - - . • , . •' 'Ai • _• • *- '}• • - • • -/"V. • • 1 D •� 22 FR . • Ft. . • -'. ..' :- .• - s T •- a.•'1 . - • D' ri 23 or F' • - ,,• - . - X17•, a • • .l$.• ri , _ •- 24 • . • 1i. -s f, • - • . • • •f/•'. •_ _ - • . • • •- - a s.*Z"• . • 'n• .wf_11 25 establishQd: 26 1. T. - . .1 "i'A + •r , - •. ••" aimn 0 _. - • _ •• S • • .I c r- 27 ha c - • . - t•. • • a •'- • e • ..• . a •. - • •-f•r- 28 January 1. 1992, ribk2 The n_onconforn ing use_of land was documented before January 1. 1992 30 in the real property tax assessment records maintained by either the Kane Z -aatrealplO Zuistraat1 £9 11:• / • i its-: u-Zt • � • ' /= ii1� f .is 1 • • • '6 _� it'I Z9 a•• . i-i • 1Q• s • 1= . ii • -.ii?A . li'_ • _ i -ie • u• • • _ _ d 9 a1t� 'aPoj IED!-40a13 'apoD atn4Ltrntd •apoD Surpttng uOId Jo AID aql 09 Jo suotsinoid 3tge5ndde iIt q}t.nn sagdtuo5 puti jo asn au uiojaoouou ata 6S •Mp stip jo suogoas atgeor[dde 8S i q o fe put 517'6I 155dttt) tppvi d"dui65 astNagl6 Itegs pmt pale°°" LS sr putt Jo asn &trruuo;uoauou ata gorgm to[jSJ ,lot StTruoz, atp no pa}tool 95 [NS) .Iran aunla^'��. thea 1o;lus] ,sritnIS 'uPd, Ian-33t (s-•1) 3ieI-acro 5S iue _U. . •_1 =i , r • J. , , r_ • •-i r. 8-1 sj _ r • 1. • • _r VS 1111M aatrepxo05t in [lis] ,sapritaei3trplred, laaIls-JJo alealo louueo pu 3o £S • II ue • _ el _ • • J• t . _ •r• I 1 fibs _ e •i� • • ZS kur5i.red lams-JJo atp tptM ntidmoa putt Jo asn 2u rcu10 noouou au, 77 j •Iron StImaMp rad-aa; armnbs p0£'£ ag3iegs Puer jo ' OS II a•:el Is 10i So eJ / , 1 .4e •_ • . is Is .i78 Jo asn 2utuul0 uoat�ou a of aouaia 1 ,psi 3 3 3a IIPi liturad �u?Plmq4210 •p1EJ AanmS teguaptsa)1 6£61 trOld Jo AD-v '3 91, 'clew 2trptd ani tuoques d -5 Sb ,•dlopoarid SaudeHa atp Tut ,Aloloaltr xjod, !Il st of pauajai Arum £v -tuoa Stn q sttogeoggnd pres .45 atp Qtgltnt 2trmsai Suosiad Jo Zb sassarppe ptre satneu alp 2ttusE suoptot"gnd OJAI atp Jo tpoq 10 auO -15 i q •ptret asn kumuojuoouoi1 aqi 2tnaiAlas dit dmoo A.Mn Rue uro1J 3'pr63ar Rutdmoo Ait1T '3 6£ 8£ '(S'I1NJ sioutltl LC tuaquoN jo aapuas 2trugri aldRTtikraq Rq pagsggnd£loloaztp aq. '-41 9£ •iadedsnriau S£ 'saomos 2tuMogolatp J(1nOj � due ui Z66 I '1 A-tenue j aio;aq paluat:m op seem putt jo asn au uo5u uao Z£ alp .10 °lossassd Auno3 xoop atp 10 sluatussassb J6 iostniadns Aluno3 I£ 64 6, The current record owner of the nonconforming use of land was not issued 65 a written notice from_the city in which the record owner was cited for establishing the $ -wful nonconforming use of mid and ordered to abate 67 the unlawful nonconforming use of land. nor was the current record 68 owner denied a building pe_cit to create the unlawful nonconforming use 69 of land. nor was current record owner denied any relief relating to the 70 nonconforming use of land requested in a petition filed before the Zoning 71 and aubciiyision Hearing Bold or the Planning_ and Development 72 Commission. 73 L An application for a Land Use Dete urination for the nonconforming use 74 of land was filed with the Departpent of Cede Administration and 75 Neighborhood Affairs not later thann4 days from the effective date of this 76 ordinance. 77 Section 2. That all ordinances or parts of ordinances in conflict with the 78 provisions of this ordinance be and are hereby repealed. 79 Section 3. That this ordinance shall be in full force and effect after its passage and 80 publication in the manner provided by law. r 3 . . . , • to'----- -ie,--`--e• • \----------1 1 1 • '. / . ' -- --;----40 .,co .•,f, , 1 .---;--• 90. ---'`I-Jiv.ifil_ s _• . .. .,, E !i, -- ., •-. ' . s 0 r_ --, 0 . III • _. , . .*. - ‘- -4 -ti`l•tp .- c;‘,,,2_1-4,,,.A! ,' •-. , ., „9,, II - AP_____04_,C3o .•o_______7:1_• / ----_>--- [It - • ., ,--- 1 • • i i. " -- I • , -, ,:,41, % , :.,...›-Yiiii-• ••• \ f ; ---- , sh . -.,. I . ‘,. . tt • -----sok: Rent Si tJ 0 se ri .. . .• • ' •El .. - CI • . IV:. III-1 • , .. !...0 •• III i I gr Org. Bent St ; ? .cf) I i n k it . - ! ------7r--.-------____-i--- i , ,,. •• ,,A.....-,t p •'is ; i • 0 • i \ 1 \ . t S .1:1 \.., , •OP 1E1 • ! ,-g ',(I) \ II , • • --0--1 't. •. •• , , w 1 , I ' \ - \ . I '''.... \ , , I i - 11 • \ rvi___y_.§_t_. _ TK)----T-------t,.. _.---, -- ---74•16 I •-----A , • 1 • :. '.. , L . el. . Oe t \ ,, • ! , . 1 1 i ..‘. •,', 4. '1 ' 1 . .. 1 I I k • . • i ' I • . 1 ''', I , rip .... •• . . : t • • ii. 6 Jay\I \ St • 1, . \ w j : . , — i , Alt--j-----9-1, I I / ! f• eLl i 1 \it , . 1 F L______ Loa•41 L_Ai Hastin.s St• n el , , [ , .... .. , Dwight St1 i L _____ • - ,• II- ,. r „...--•, 1 t Southeast Elgin Neighborhood / _United St Hwy -s z0±3Y-P—______1--- _ i Concentration of 2 and 3 unit properties ii-r- Bluff City Blvd ‘ • k 0 / • 2 unit buildings El 3 unit buildings SogMliTgL 71- 3 OCTOBER 20, 1997 .1,6i4 -r m16 CITY COUNCIL MEETING ILLEGAL NON-CONFORMING USE THE OWNERS OF THE BUILDINGS IN QUESTIONS TODAY SHOULD NOT BE SURPRISED THAT WE ARE HERE DISCUSSING THIS ISSUE. FOR OVER TWO YEARS THE CITY HAS BEEN WORKING ON THE ISSUE OF THE NON-CONFORMING USE OF BUILDINGS. LANDLORDS WERE GIVEN THIS PERIOD OF TIME TO PROVE THAT THESE CONVERSION TOOK PLACE PRIOR TO 1960 OR THAT THE BUILDING CONFORMS TO CURRENT STANDARDS SET FORTH. DURING THIS TWO YEAR PERIOD, NOT TO MENTION, SINCE THE 1992 AMENDMENT OF THE 1976 ELGIN MUNICIPAL CODE, 176 LANDLORDS OF THE PROPOSED BUILDINGS HAVE BEEN COLLECTING RENT -- ILLEGALLY! MORE THAN TWO YEARS LA 1'ER, THEY HAVE MADE A CHOICE NOT TO COMPLY. DURING THIS SAME PERIOD, LANDOWNERS HAD THE RIGHT TO CONVERT THEIR BUILDINGS BACK TO THE ORIGINAL OR DOCUMEN l'ED USE -- BEING EITHER SINGLE FAMILY, 2 FLAT, ETC. THEY ALSO COULD HAVE SOLD THE BUILDING, OBVIOUSLY LETTING THE NEW OWNER KNOW THAT IT WOULD HAVE TO ELIMINATE ALL ILLEGAL UNITS. IN THE LAST 2 YEARS OR MORE, HUNDREDS OF LANDOWNERS HAVE TAKEN THE HIGH ROAD AND MADE THE NECESSARY CHANGES OR HAVE SOLD THEIR PROPERTY TO SOMEONE WHO WAS WILLING TO RETURN IT TO IT'S PROPER USE WITH THE HELP OF THE CITY. r r THESE 176 HAVE PLAYED A WAITING GAME TO SEE IF THE CITY WOULD SWEE l'EN THE DEAL. SO NOT ONLY HAVE THEY COLLEC 1'ED ILLEGAL RENTS, THEY ARE LOOKING FOR MORE HANDOUTS. WHY WOULD WE WANT TO BEND THE RULES EVEN FARTHER? DOING THAT WOULD CAUSE THE CITY TO LOOSE IT'S CREDIBILITY WITH THOSE WHO HAVE ALREADY CONFORMED. IN OTHER SITUATIONS, ILLEGAL CONVERSIONS HAVE TAKEN PLACE AS RECENTLY AS 1996, A CLEAR DISREGARD FOR THE LAW IN PLACE. THE CODES MUST BE FOLLOWED, THE LANDLORDS HAVE LITTLE INCENTIVE TO MAKE CHANGES BECAUSE THEW MONEY IS FLOWING IN. THEY WILL HOLD OFF AS LONG AS WE LET THEM. THEY HAVE COLLECTED RENTS FROM UNSUSPECTING TENANTS WHO MAY NOT BE AWARE THAT THEIR RESIDENCE IS ILLEGAL AND THAT THEY MAY HAVE TO RELOCAI'E. AT LEAST HALF OF THE BUILDINGS IN QUESTION ARE NOT OWNER OCCUPIED. SOME HAVE SUBJECTED THEIR TENANTS, WHO HAVE PAID RENT, TO OVERCROWDED, UNSANITARY AND SOMETIMES UNSAFE LIVING CONDITIONS. WE KNOW THAT DECONVERTING THESE DWELLINGS WILL FORCE FOLKS TO RELOCA 1'E. WE WOULD LIKE TO SEE THE LANDLORDS WHO HAVE DISADVANTAGED THEIR TENANTS TO HAVE TO PROVIDE FOR RELOCATION EXPENSES FOR ANY RENTER WHO HAD MOVED IN AF TER THE CITY HAS DECLARED THE UNITS ILLEGAL. r . WE WOULD HOPE THAT THE CITY OF ELGIN COULD USE THE MANPOWER RESOURCES IT HAS TO PROVIDE RELOCATION ASSISTANCE TO ANYONE DISPLACED WILLING TO COOPERA 1'L WITH THE REQUIREMENTS SIMILAR TO THE PROGRAM PROVIDED FOR CASALINDA. IT IS TIME THAT WE SEND A MESSAGE THAT ELGIN IS NO LONGER THE PLACE FOR SLUMLORDS TO SET UP SHOP. IMPROVING OUR HOUSING STOCKS IS A WIN-WIN FOR EVERYONE WHO HAS A REAL VESTED INTEREST IN LIVING IN ELGIN. BY DARLENE M. BRUNS KANOSKI r r 5usMVRA1/4.yj 4 October 20, 1997 To: Robert Siljestrom, Planning Commission Chairman From: Sheri Buttstadt 687 Linden Ave. Elgin, IL 60120 Thank you for listening to everyone's comments this evening on a rather complex and emotionally charged issue. I strongly urge you to vote no on the ordinance addressing properties that have been illegally converted before you this evening. (The version I have been given has"Final Revision"at its heading.) • From a tax payers point of view, I am very disturbed about an ordinance which proposes to offer a financially lucrative 'deal'to the owners of the properties in question. - For every unit that is given legal status,as taxpayers we will have to continue to pay for all of the additional city services such as police,fire, garbage collection. - Local schools were not built to house the number of students now being crammed into the classrooms. Voters are hesitant to build new schools for the 1,000+students that are flooding into the system as new homes are built, let alone to pay for students crammed into illegally established residences. - Owners of these unlawful units have already benefited financially by collecting rent on these illegal units. As a taxpayer, I resent the idea of paying them to come into compliance,when thousands of other rental property owners have managed to do so, with out the taxpayers assistance. - According to the statistical information given our neighborhood representatives on the task force, I found the following numbers disturbing. • Out of 224 addresses,the city states that there should be only 523 units, and acknowledge that 780 currently exist =257 illegal units using overburdened city/school services P Out of the 780 current units, only 668 have been reported to the Elgin Township offices. In my book that is fraud that should not be rewarded. • After investigating the names of the owners of some of these properties, it appears that some are claiming homeowner exemption on more than one property,just on this list. Some claim the exemption when they have testifie4 in housing court that they live in another community. • Many of the owners on this list are not innocent of not knowing better. After observing housing court for a number of years,and following the results of housing court weekly, many of those on this list are what I refer to as`frequent flyers'and are very knowledgeable about how to abuse the legal system. They deserve no mercy, let alone, $12,000. • As an advocate for our neighborhoods, I strongly urge the toughest criteria possible, not the lax requirements as proposed. - For every extra housing unit allowed,you increase the density of a neighborhood. Density is one of the stress factors that directly affect the neighborhood's quality of life, and property values as well. - According to the City of Elgin's Neighborhood Stress Factors Report, dated January 27, 1996: "A high percentage of rental dwelling units generally implies higher density rates and a more transient population. Greater dwelling unit densities require more sensitivity to the physical design of the neighborhood environment while a transient population creates greater challenges for the social and political stability of a neighborhood. Farmost residents,a good neighborhood is associated with a sense of stability. As a result,those elements which detract from that sense of stability can erode resident confidence in the neighborhood. A decline in resident confidence can result in economic disinvestment and neighborhood deterioration." - High levels of rental dwelling units has a well recognized de-stabilizing effect on neighborhoods. Residents of rental units who do not own property, have no personal investment in the neighborhood. This translates in lack of respect for neighbor's property and/or life. Schools with high percents of rental,often see problems in the schools- lack of parent involvement. Studies have shown that students who move frequently (often the case in children in rental property), tend to do poorly when compared to children who do not move frequently. Transient students add to classroom behavior problems that teachers need to deal with,which means less time to attend to the job at hand. - Density directly affects the quality of life in a neighborhood- increased stress between neighbors who often don't know each other, excess cars parked in the street, excess noise, wear and tear on the interior and exterior of the homes-which lowers property values as well. rIt is very disturbing that some of the very owners of property that has been determined as illegal sat on the task force. That's like asking leaders of a known gang, how we should address gang crime,and them demanding cash. The fox is watching the hen house. I hope you make your decision on behalf of law abiding, rule following tax paying residents of Elgin, instead of owners of illegal properties who don't live here and who's main concern is making money at the expense of Elgin's taxpayers. StIB MrilAkis 71101S • tok ,. ,....,.... AF3CAMtNCEYr t�V 4 r 1110 h ona b 1 pedroom+ ,2.5_hath Colonial. -r0..,, ..;.„ t"-''' 70-- '• i~' Forget&dog mom,ea in kitchen,tan*room.Fob,finished base- ._ -- f• ID ment.antral air.1171.900. 2 ,• ' iI tA61.FRAN3C1 • "iflDDt=1 AWAY NMt�!RIVER- * bedroom bungalow ,t Quirt but ao dose l*onnithini• tOtchm with pantry. h newer carpet and kitchen/bath floors. draas-1 aaS'' oeway to basement Home warren ttER l is `- fit• •' 1 w . t •. •ELGIN WEST tlfiE+• TQPFHT •`' t Priced Moisands below marital Yates. tl a ' " remodeled!2 8H tend tet flodr.1.BR v 2n0 Make tr ii:..'4:. . ��; '<M f V t irate s �' if:: ;`i yQFi►t s a,f: . ,,,,„, .. . , . . PERFECT FOR'iN CAW TYPE ARRANGEMENT �" .t 's' ,; This horns was tmmpfstel remod&ad In 1092 In- >� chidingtaw plumbing,&settle,2 Idtcbana and I —� -+.+' �` '.baths,rudtnp,drivewayy and carpet.GA and ail new .,3•r,.a$t�iai�'"�`` - ---- apptlanc as Included.Upper unit wlth separate an- ELGiN I �irance.t'= $129,', `UFLAW TYPE ARRANGEat ENT' PAT BURNIDGE at AAn 931•PATB It's enc of ins fearves of Nis 4 beapom•2.5 bat'Cohon.a' wa'_ �"' e"_""_.- Formal cammG oen000.., rn eat- ae�jen.Camay room.Fes,m+.ste: . UL FRANSO •-a. ,, i 4fl4aad3): I 0 All of these properties were listed in 1997. None of them were legal units. V 0 V V p Iii 3) ra • • 1111 '27-AER-1999 10:27:113 asaas:aaxsasas=Cz-nas:am=Raaasaaaaa=m #1 .... ells €LISTING if: 96123647 STATUS: ACTV CTGF: AREA: 123 TWO TO FOUR UNITS • 1LDR: 06/21/96. OLP: $ 126,900 !LD: 06/20/96 MT: 297 LP: $ 126,900 iCMD: SP: $ CONTRACT DATE; SO: FIN: :CLOSEC DATE: SAG: PHT: $ AD: .370 YARWOOD UNIT: TYP:M-U TNV: LN: 9b1236471 CIT: ELGIN ZIP: GC120-0000 SUB: f 'DIR; NATIONAL TO RAYMOND SOUTH TO YARWOOD BLT: 1900 578: ;CRP: ELGIN CNX: KANE TWN: ELGIN CT: .00 MODEL: ! IUNIT 41 FL 1 RMS 5 BR 3 BTH 1 SD ' RENT $ • LEASE EXP IUNIT #2 FL 2 RMS 3 BR 1 BTH 1 SD RENT $ LEASE EXP. - 'UNIT #3 FL RMS BR BTH SD RENT $ LEASE EXP VISIT 44 • FL RMS BR BTH SD RENT $ : LEASE EXP lBMT '{ PKN G CARS 2 3-3ED UNIT Y WI CI PIN: 0624201011 [DIM: 41.6X132 TAX: $2535.00 SAS: N TXY:.95 ------ 4 REMARKS: SHOW AND SELL t FINISHED WA'..K OUT BASEMENT EASY TO SHOW JUST GO THERE AND KNOCK , PRESENT CARD AND SHOW SPANISH SPEAKING TEANANTS AND OWNER , CALL -Oa-ICE 1b'I' : --•t- ISAMPLE APARTMENT DIMENSIONS • LR: ' ' DR: - - XT: EA: MB: B2: 83: I ANNUAL EXPENSES ANNUAL INCOME USD Y COORDINATES HTE INE JNE MSI GS CARFIE 46. NORTH: 10 I GSE SCE MSE I-TI JR ELLIS 46 EAST: 0 • .. FELE WSE (-RI HS ELGIN 46 SOUTH: .0 IMF RME GRE Vat OT WEST: 33 }_:._,__.____________w.. .* AGE OLDER --------�----• LSZ LT .25 AC �-�~_-.._ ..-.,...,._.,..._ AMN LDS AP1 REFRIG,STOVE -. NCO • AP2 REFRIG,STOVE OAI AP3 OTE AP4 POS CLOSING SAS FULL—FPSSHD,WALK—OUT ROF ASPHLT/GLS—SHNGL - BAT 1 BATH STY FARMHOUSE EQP THU 2 FLAT EXT OT TEM CONY,FRA,VA . IND OTHER TP1 GAR 2 CAR • TP2 HEA F/A,GAS TP3 IMP CURBS/GUTTERS,SIDEWALKS, TP4 STRTS—PAVED INF SHORT. NTC OK,SHOW—CLO +_ + ICC: 2..5 % !CI: X SHO: KNOCK,SHOW CARD + — + IOWNR: WITH HELD AON: N PHONE: I BROXE.R: FIRS '- REALTY ID$: 7400 PHONE: 847-742-19301 IAGE�'+�• =._. CE KONEN ID#: 77136 PHONE: 815-568-19301 CHECK FLOOD INS., RM. SI. ROUNDED TO NEAREST FOOT NO TETE: OVE.D1SCtiJMEft PRiNNtTEDONAti M:LS. ::: . '. This property was listed as a two unit although the property was not r L - - '. . - e�" ..- - .n'- N S h �A • t. � , t } Or.C. .'l ► - .! ' Ye ` 41. • . .. • . , i git .-.. i. ` ki - °. r ''°. a 14' 'I IZ cit. ' .0.fkr, \ ....-. V t./yam J' r - " ' • ... :•• 1 • • 1•I; 3.1 a-'y t'410(10;4 ';""". .Fti, ''� 1 I ,�^;!.1-.± a..-.• ' - 017.. - , r /jf' yy 3� 3''''''.7.,,,,,,,4 ♦ f ' Y.r * rte, ♦. 7F .� vf' _ ..lR.fY t ~ 'J�•-� .''ate '�"�1.4-_,_r% ��ye"��x1G '�1�"_ fie► � ',Yr.... "„-`:•, :rM „r . * ',:. Rte. *1,_ C �• t� IA i�•� • ..-7,..,a. d� ./,'r'Ty , - .ow +s ic:.: 0 �, : r -F •„ :` ' 4. - 4, e:t ? ,yup, At i c -)Nig 1A9nc . t •I OF E( — °Pn� - City of Elgin Agenda Item No. h� 011166:1.4TED 0 November 12 , 1997 TO: Mayor and Members of the City Council FROM: Planning and Development Commission SUBJECT: Zoning Ordinance Text Amendment Review PURPOSE Consideration of Petition 67-97 Requesting an Amendment to the Text of Title 19, Zoning, of the Elgin Municipal Code, concerning the Nonconforming Use Status of Two Family and Multiple Family Residential Conversions in all Residence Districts by the City of Elgin, as Applicant. few BACKGROUND An application has been filed by the City of Elgin requesting an amendment to the Elgin Zoning Ordinance. The concept for the amendment was developed by the Multiple Family Deconversion Task Force. The text was prepared by the Legal Department (reference the proposed text amendment marked "FINAL REVISION") . The proposed amendment establishes the criteria for classifying a two family or multiple family residential conversion as a nonconforming use. UNRESOLVED ISSUES None. RECOMMENDATION The Planning and Development Commission recommends the denial of Petition 67-97 . On a motion to approve Petition 67-97 , the vote was two (2) yes and five (5) no. Therefore, the motion to recommend the approval of Petition 67-97 failed (reference the Findings of Fact, dated November 3, 1997 and the transcript of the public hearing) . RELATED COMMUNICATION Letter from David Towe of Neighborhood Housing Services of Elgin, Inc. , dated September 11, 1997 . Letter from Greg Tyson, dated September 24 , 1997 . Letter from David A. Berkey, dated October 9 , 1997 . Items submitted at the public hearing: Submittal #1 - An alternate text amendment. Submittal #2 - A map identifying the location of two family and multiple family dwellings on the near southeast side. Submittal #3 - Letter from Darlene M. . Bruns Kanoski, dated October 20, 1997 . Submittal #4 - Letter from Sheri Buttstadt, dated October 20, 1997 . Submittal #5 - Real Estate Listings for several Residential Conversions . Submittal #6 - Photograph demonstrating parking problems . Page 2 CCMEMO/PZTEXT/3000DV.SV/3200PD.PC/3240TX.AM/3240ZG. 97/PET67 . 97