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Home My WebLink AboutG23-98 Ordinance No. G23-98 elk AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN UPPER FLOOR APARTMENT DWELLING ( 15 North State Street) WHEREAS, written application has been made for a CC1 Center City District conditional use for an upper floor apartment dwelling at 15 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 e► and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for an upper floor apartment dwelling at 15 North State Street and legally described as follows : THE SOUTHERLY 22 FEET OF THE NORTHERLY 44 FEET OF THE WESTERLY 60 FEET OF LOT 3 IN BLOCK 23 OF THE ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF THE RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . The conditional use shall be limited to a single family dwelling unit to be located, exclusively, on the second and third floor at the subject property. 2 . Substantial compliance with the floor plans, prepared by Mary C. Marre, Architect, dated January 15, 1998 . 3 . Compliance with the Petitioner' s Statement prepared by Mattie M. Jones, dated January 15, 1998 . 4 . Removal of all nonconforming signage. 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. / c• // Kevin Kelly, Mayor 0 Presented: March 25, 1998 Passed: March 25, 1998 Omnibus Vote: Yeas 5 Nays 0 Recorded: March 26 , 1998 Published: Attest: Dolonna Mecum, ity Clerk February 18, 1998 FINDINGS OF FACT ZONING AND SUBDIVISION HEARING BOARD CITY OF ELGIN I. SUBJECT Petition 3-98 Requesting Conditional Use Approval for an Upper Floor Apartment Dwelling in the CC1 Center City District; Property Located at 15 North State Street; by Mattie M. Jones, as Applicant and Owner. II. CONSIDERATIONS A petition has been filed by Mattie M. Jones requesting conditional use approval for an upper floor apartment dwelling in the CC1 district. The subject property is located at 15 North State Street. The petitioner proposes to establish an apartment on the second and third floors of the existing building. Upper floor apartment dwellings are a conditional use in the CC1 Center City District. Accordingly, the petitioner is seeking conditional use approval for an upper floor apartment dwelling. The first floor may be used as a retail, service or commercial related use. Within the next two years, the petitioner proposes to apply for the City' s Facade Program with plans for exterior restoration to the east and west facades of the building. III. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing on Petition 3-98 on February 18, 1998 . The petitioner testified at the public hearing. Proponents of the petition did not testify at the public hearing, and objectors to the petition did not testify at the public hearing. Written correspondence in support of the petition has not been submitted, and written correspondence in objection to the petition has not been submitted. A Conditional Use Review, dated January 28 . 1998, was submitted by the Planning Department, which neither recommended approval nor denial of Petition 3-98 . This Conditional Use Review, 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. Exhibit A Page 1 FOF03 .98/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET03 . 98 The board has made the following findings with respect to Petition 3-98 : A. Site Characteristics The subject property is developed with a three story brick building (built lot line to lot line) . The dwelling unit will occupy the entire second and third floors of the building which consists of 2,640 square feet of floor area. The first floor of the building is currently vacant. B. Sewer and Water The subject property is currently served with municipal sanitary sewer and water services . Storm water is controlled with a storm sewer system located in North State Street. The proposed upper floor apartment dwelling will not adversely impact the provision of sewer and water service to the subject property. C. Traffic and Parking The subject property is located on North State Street ( Illinois Route 31) . North State Street is an arterial street. The proposed upper floor apartment dwelling will not adversely impact the current traffic on North State Street. Off Street Parking, of the Elgin Municipal Code, requires the provision of at least one stall per 500 square feet of floor area, with a minimum of two stalls per dwelling unit, not exceed four stalls per dwelling unit. However, the Parking Calculations section, waives the requirement of off street parking for land uses located within the CC1 Center City District. Therefore, off street parking stalls are not required for the subject property, and none have been provided. D. Zoning History 1928 E Commercial 1950 E Commercial 1960 E Commercial 1961 E Commercial 1962 B-3 Service Business District 1992 B-3 Service Business District Present CC1 Center City District Page 2 FOF03.98/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET03 .98 E. Zoning Status In 1996, a land use status determination was made by the Zoning Officer, for the subject property. At that time, it was determined that the land use of the subject property was a lawful first floor commercial unit, and vacant second floor. City records indicated that a commercial unit and rooming house were established at the subject property in 1939, when it was allowable in terms of land use and in terms of minimum lot area per dwelling unit. The use of the second floor sleeping rooms has been abandoned since at least December of 1994 , and may not be reestablished. The subject property may lawfully be used for commercial, service, or retail uses . An upper floor apartment dwelling may only be established if a conditional use is granted. • F. Surrounding Land Use and Zoning The area located to the north, south, and west of the subject property is zoned CC1 Center City District and is developed with retail, service, and commercial uses . The area located to the east of the subject property, across the railroad tracks, is zoned CF Community Facility District, and is developed with the Pace Bus Terminal . G. Trend of Development The subject property is located in the Original Town of Elgin subdivision, one of the oldest commercial areas of the city. The area is developed with a wide range of uses, which include: retail, commercial, industrial, community facilities, and residential . H. Comprehensive Plan The subject property is located along a transportation corridor in the Comprehensive Plan. The subject property is located within the State Street Corridor in the Center City Master Plan. IV. RECOMMENDATION On a motion to recommend approval of Petition 3-98 , subject to the following conditions : Page 3 FOF03 . 98/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET03 . 98 1 . The conditional use shall be limited to a single family dwelling unit to be located, exclusively, on the second and third floor at the subject property. 2 . Substantial compliance with the floor plans, prepared by Mary C. Marre, Architect, dated January 15, 1998 . 3 . Compliance with the Petitioner' s Statement prepared by Mattie M. Jones, dated January 15, 1998 . 4 . Removal of all nonconforming signage. 5 . Compliance with all other applicable codes and ordinances . the vote was Six ( 6) yes and Zero (0) no. Therefore, the motion to recommend approval of Petition 3-98 was adopted. 04416111eivelAA:„ Claude Hamlin, Chair Pro 6m Zoning and Subdivision Hearing Board J- De=Ai ng, Secret Z• • � • and Subdivision earing Board Page 4 FOF03 . 98/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/3220O0N. 98/PET03 . 98