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Home My WebLink AboutG9-97 ePw Ordinance No. G9-97 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION AT 386 EAST CHICAGO STREET WHEREAS, written application has been made for an RC3 Residence Conservation District District conditional use for a conditional residential occupation in an accessory building at the two family dwelling at 386 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 eft 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 residential occupation two family dwelling at 386 East Chicago Street and legally described as follows : THE EAST 55 FEET OF LOT 12 OF BURGESS TRUESDELL' S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . A minimum of six off street parking stalls shall be provided on the subject property. For the purpose of complying with the off street parking requirements, the owner of the subject property shall limit the tenants to having no more than three motor vehicles . Compliance with the requirements for surfacing, contained in the off street parking ordinance. 2 . No additional buildings or building additions are to be constructed on the subject property. 3 . Substantial conformance to the Site Plan for Avampato Civil Engineer, 386 East Chicago Street, dated September 4 , 1996 . • eft 4 . Compliance with the supplementary regulations for conditional residential uses, as well as 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, May Presented: February 26, 1997 Passed: February 26 , 1997 Omnibus Vote: Yeas 6 Nays 0 Recorded: February 27 , 1997 Published: eft Attest : 5491WP•-a- f Dolonna Mecum, City Clerk eft : , January 15, 1997 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 56-96 Requesting a Conditional Use for a Conditional Residential Occupation to Permit the Establishment of an Office for a Civil Engineer / Land Surveyor within an Accessory Building in the RC3 Residence Conservation District; Property located at 386 East Chicago Street by John C. Avampato, as Applicant and Owner. BACKGROUND An application has been filed by John C. Avampato, requesting a conditional use for a conditional residential occupation to permit the establishment of an office for a civil engineer / land surveyor within an accessory building in the RC3 Residence Conservation District. The subject property is located at 386 East Chicago Street. elmh The applicant has indicated that he has been operating a residential occupation from the subject property since 1974 . The applicant wants to bring_ this existing residential occupation into conformance to the zoning ordinance. The subject property is located within an HP Historic Preservation District. Accordingly, the property is subject to the provisions of Title 20 , Designation and Preservation of Historically and Architecturally Significant Property of the Elgin Municipal Code. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 56-96 on December 18, 1996 . The applicant testified at the hearing and presented documentary evidence in support of the application. No objectors appeared at the hearing. No written correspondence has been submitted. The Planning Department has submitted a Conditional Use Review, dated September 23, 1996 . Exhibit A FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 56-96 January 15, 1997 elk The Zoning and Subdivision Hearing Board has made the following findings concerning the requested conditional use: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size; shape; significant natural features including topography, watercourses, and vegetation; and existing improvements . Finding. The subject. property is a regularly shaped lot ( 55 ' x 264 ' ) , containing 14 ,250 square feet. The property is improved with a three story frame residential structure containing two dwelling units and an accessory building containing a parking garage and an office. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and stormwater control facilities . r Finding. The subject property is served with sanitary sewer, municipal water, and stormwater control systems . C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on site and off site vehicular circulation designed to minimize traffic congestion. Finding. The subject property is located on East Chicago Street, which functions as an arterial street. The minimum required parking for the intended uses of the subject property is seven off street parking stalls . The applicant has indicated space for five off street parking stalls . A two family dwelling is required to provide four off street parking stalls . No conditional residential occupation shall generate more demand for off street parking than exists on the property on which it is located. With one employee, one company vehicle, and one visitor, the residential occupation would require at least three off street parking stalls . r Page 2 FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET56 .96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 56-96 January 15, 1997 tek D. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Finding. The recommended conditions for approval will ensure the suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. E. Historic Preservation Standard. The suitability of the subject property for the intended conditional use with respect to making possible an efficient contemporary use of, or a compatible improvement to a property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to a historic preservation plan and subject to the 1 provisions of Title 20 , Designation and Preservation of Historically and Architecturally Significant Property. Finding. The Heritage Commission reviewed the proposed conditional use without comment. F. Zoning History and Zoning Status - Additional Background. The subject property was zoned as follows for the years listed: 1927 C Residential District 1950 C Commercial District 1962 R-6 General Residence District 1992 R-4 General Residence District Present RC3 Residence Conservation District /HP Historic Preservation District In terms of land use, the subject property is a nonconforming two family dwelling. In terms of site design, the subject property is nonconforming with respect to floor area, accessory building coverage, vehicle use area, a building setback, and an accessory building setback. r Page 3 FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET56 . 96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 56-96 January 15, 1997 G. Surrounding Land Use and Zoning - Additional Background. The subject property is located in a residence conservation district, an area developed primarily with single family dwellings, interspersed with two family and - multiple family, some original residential use and many conversions . School District U-46 offices and facilities are located south of the subject property, zoned CF Community Facility District. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 56-96 . On a motion to recommend the approval of Petition 56-96, subject to the following conditions, the vote was seven ( 7 ) yes and zero ( 0) no: 1 . A minimum of six off street parking stalls shall be provided on the subject property. For the purpose of complying with the off street parking requirements, the owner of the subject property shall limit the tenants to having no more than three motor vehecles . Compliance with the requirements for surfacing, contained in the off street parking ordinance. 2 . No additional buildings or building additions are to be constructed on the subject property. 3 . Substantial conformance to the Site Plan for Avampato Civil Engineer, 386 East Chicago Street, dated September 4 , 1996 . 4 . Compliance with the supplementary regulations for conditional residential uses, as well as compliance with all other applicable codes and ordinances . r Page 4 FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET56 . 96 FINDINGS OF FACT Zoning and Subdivision Hearing Board Petition 56-96 January 15, 1997 • Therefore, the motion to recommend the approval of Petition 56-96 was adopted. C Ralph Tiberi, Chairman Zoning and Subdivision Hearing Board 4 .tQ4N1'1100 i(j4Aral . Thomas J. mstrong, Secretary Zoning and Subdivision Hearing Board eft eft Page 5 FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET56 .96 APPLICATION FOR CONDITIONAL USE ' AVAMPATO,- 386 E . 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