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HomeMy WebLinkAboutG54-99 4 Ordinance No. G54-99 AN ORDINANCE GRANTING A CONDITIONAL USE FOR AN UPPER FLOOR APARTMENT DWELLING (11-15 Douglas Avenue) WHEREAS, written application has been made for a CC1 Center City District conditional use for an upper floor apartment dwelling at 11-15 Douglas 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 eft and made a part hereof by reference as Exhibit A. Section 2 . That a conditional use for an upper floor apartment dwelling at 11-15 Douglas Avenue and legally described as follows : PARCEL ONE : THAT PART OF LOTS 3 , 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5 ; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTH LINE OF SAID LOT 3 ; THENCE WEST ALONG THE SOUTH LINE OF SAID LOTS 3 , 4 AND 5 TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL TWO: THAT PART OF LOTS 3 , 4 AND 5 IN BLOCK 16 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5 ; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 22 FEET FOR THE POINT e, OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 5, 21 . 5 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 5 , 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO A LINE DRAWN PARALLEL WITH THE SOUTHERLY LINE OF SAID LOTS 5, 4 AND 3 FROM THE POINT OF BEGINNING; THENCE WEST ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance with Third Floor Concept Plan submitted by Frederick J. Steffen, dated July 13 , 1999 . 2 . Substantial conformance with revised plans for a second floor guest room at the base of a spiral staircase from the third floor residence. The guest room will not exceed 20 feet by 25 feet, including the bathroom, and will have an approved second means of egress to the exterior. 3 . Compliance with all other applicable codes (ow 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. Ed Schock, Mayor Presented: September 22, 1999 Passed: September 22 , 1999 Omnibus Vote : Yeas 6 Nays 0 Recorded: September 23 , 1999 Published: Attest : Dolonna Mecum, City Clerk rft • September 1, 1999 FINDINGS OF FACT Community Development Group City of Elgin, Illinois SUBJECT Consideration of Petition 46-99 Requesting a Conditional Use for an Upper Floor Apartment in the CC1 Center City District; Property located at 11-15 Douglas Avenue by Frederick J. Steffen, as Applicant, and by Frederick J. Steffen and Doris J. Steffen Land Trust, as Owners . BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CC1 Center City District Intended Use : Upper Floor Apartment Property Location: 11-15 Douglas Avenue eft, Applicant : - Frederick J. Steffen Owners : Frederick J. Steffen/Doris J. Steffen Land Trust Staff Coordinator: John Rothenberger LIST OF EXHIBITS A. City Map (see attached) B. Zoning Map (see attached) C. Location Map (see attached) D. Statement of Purpose and Conformance, (see enclosed) with Third Floor Concept Plan submitted by Frederick J. Steffen, dated July 13 , 1999 Exhibit A FINDINGS OF FACT Community Development Group Petition 46-99 September 1, 1999 BACKGROUND An application has been filed by Frederick J. Steffen requesting a conditional use for an Upper Floor Apartment in the CCl Center City District . The subject property is located at 11-15 Douglas Avenue (reference Exhibits A, B, and C) . The applicant proposes to remodel the 3rd floor within the existing building, and establish an upper floor apartment . The apartment will be approximately 3600 square feet . It will have one bedroom, a kitchen, dining area, great room, studio, gallery area, and a library. A small office area, approximately 600 square feet and adjacent to the elevator, is included as a separated portion of the living area. The office will consist of a reception area, partners office, and accessible toilet room. A second floor guest room, not to exceed 20 feet by 25 feet including the bedroom and bathroom, will be accessed via a spiral staircase from the 3rd floor unit . An approved second means of egress from this guest room will also be provided. The lower level of the building is occupied by a restaurant, the second level is currently unoccupied office area (reference Exhibit D) . eft' 4:2. STANDARDS AND FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 46-99 on August 18 , 1999 . The applicant testified at the public hearing and presented documentary evidence in support of the application. No objectors appeared at the hearing. No written correspondence has been submitted. The Community Development Group has submitted a Conditional Use Review dated August 9, 1999 . The Zoning and Subdivision Hearing Board has made the following findings concerning the standards for conditional. uses : 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 . Page 2 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3220CN.US/3220O0N. 99/PET46 . 99 FINDINGS OF FACT Community Development Group Petition 46-99 September 1, 1999 Findings . The subject property is suitable for the intended conditional use with respect to site characteristics standard. The proposed 3600 square foot owner occupied apartment/office area will blend in with the intended uses in the center city district and is significantly larger then the 600 square foot minimum required by ordinance. 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 . Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment and stormwater control facilities . The subject property is served with municipal water, wastewater collection, and stormwater control facilities . 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 eft off site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable 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. The subject property is located on Douglas Avenue, which is a local street serving the downtown. The subject property has 9 off street parking stalls located off of an adjacent alley. The property is located within one block of a public parking facility. The off street parking ordinance specifically exempts CC1 districts from providing any off street parking. 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. • rft Page 3 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3220CN.US/3220O0N. 99/PET46 . 99 FINDINGS OF FACT Community Development Group Petition 46-99 ` September 1, 1999 Finding. The subject property is suitable 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 . The proposed apartment dwelling is to be 3600 square feet with an adjoining 600 square foot office area. The floor plan affords a unique opportunity to attract market rate tenants . The downtown location is consistent with the center city revitalization efforts . RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 46-99 . On a motion to recommend the approval of Petition 46-99 subject to the following conditions, the vote was six (6) yes and zero (0) no: 1 . Substantial conformance to the Statement of Purpose and Conformance with Third Floor Concept Plan submitted by Frederick J. Steffen, dated July 13, 1999 . eek 2 . Submission of revised plans for a 2nd floor guest room at the base of a spriral staircase from the third floor residence . The guest room will not exceed 20 feet by 25 feet', including the bathroom, and will have an approved second means of egress to the exterior. 3 . Compliance with all other applicable codes and ordinances . dLite,1 L Ralph Tiberi, Chairman`' Zoning and Subdivision Hearing Board J n Rothenberger, SecretaIy Zoning and Subdivision Hearing Board elk Page 4 FINDINGS/PZTEXT/3000DV. SV/3200PD. PC/3220CN.US/3220C0N. 99/PET46 . 99