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HomeMy WebLinkAboutG51-02 Ordinance No. G51-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION (1945 MURCER LANE) WHEREAS, written application has been made for a conditional use for a conditional residential occupation in the RC1 Residence Conservation District at 1945 Murcer Lane; 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. ea. Section 2 . That a conditional use for a conditional residential occupation in the RC1 Residence Conservation District at 1945 Murcer Lane and legally described as follows : LOT 375 OF CENTURY OAKS WEST UNIT 7, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 1945 MURCER LANE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance submitted by Janice Escola, undated. 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 . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Ed Schoc , Mayor Presented: July 24, 2002 Passed: July 24, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: July 25, 2002 Published: Attest : Dolonna Mec ty Clerk 1i 11 June 19, 2002 FINDINGS OF FACT Community Development Group City of Elgin,Illinois SUBJECT Consideration of Petition 21-02 Requesting a Conditional Use for a Conditional Residential Occupation in the RC1 Residence Conservation District; Property Located at 1945 Murcer Lane by Janet L. Escola, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: RC 1 Residence Conservation District Intended Use: Conditional Residential Occupation Property Location: 1945 Murcer Lane Applicant and Owner: Janet L. Escola Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Site Photographs (see attached) F. Statement of Purpose and Conformance (see attached) G. Conditional Residential Occupation Regulations (see attached) H. Draft Conditional Use Ordinance (see attached) I. Correspondence (see attached) FILE COpy 4; �. • ) Findings of Fact Zoning and Subdivision Hearing Board Petition 21-02 June 19,2002 BACKGROUND An application has been filed by Janet Escola, requesting conditional use approval for a conditional residential occupation in the RC1 Residence Conservation District. The subject property is located at 1945 Murcer Lane (reference Exhibits A,B, C,D and E). The applicant proposes to use 348 square feet of her existing home as an office for a promotionallincentive company. The applicant anticipates a single employee coming to the home Monday through Friday from 8:00 am through 5:00 pm. No customers or clients will come to the home. There will be no storage at the home in association with the business, and no signs advertising the business. The business will be run in accordance with the conditional residential occupations regulations of the Elgin Municipal Code(reference Exhibits F, G, and H). The residential occupation requires conditional use approval due to the presence on the site of an employee who does not reside in the home. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 21-02 on June 19, 2002.The applicant testified '' I at the public hearing and presented documentary evidence in support of the petition. The Community Development Group has submitted a Conditional Use Review dated May 29, 2002. The Zoning and Subdivision Hearing Board has made the following general findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 Out of City 1950 Out of City 1962 Out of City 1992 R2 Single Family Residence Present RC1 Residence Conservation District The property was annexed to the City of Elgin and zoned R2 Single Family Residence in 1977. B. Surrounding Land Use and Zoning Findings. The subject property is located on Murcer Lane in the Century Oaks West Subdivision. The surrounding properties are zoned RC 1 Residence Conservation District and are developed with single family residences. C. Trend of Development Findings. The Century Oaks West Subdivision began developing in the late 1970's with predominately single family residences. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 21-02 June 19, 2002 D. Zoning District Findings. The purpose of the RC1 District is to provide for the conservation of the urban residential environment of the mature residential neighborhoods of the city, which developed predominantly subsequent to 1962 with single family detached dwellings. E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 10,625 square feet of lot area. The property is improved with a single family residence containing approximately 1,600 square feet of residential floor area. F. 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 storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. G. Traffic and Parking Standard. The availability 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. Findings. The subject property is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on Murcer Lane, a local street. Off street parking is provided in conformance to the Off Street Parking Ordinance. H. 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. Findings. 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. 3 i 1 Findings of Fact Zoning and Subdivision Hearing Board Petition 21-02' June 19,2002 No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. SUMMARY OF FINDINGS, UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. 1. Positive Attributes. This conditional residential occupation will be established in accordance with the regulations of the zoning ordinance. In doing so, the home based business should not be recognizable by the surrounding neighbors. 2. General. Conditional residential occupations are required to obtain a Certificate of Occupancy from the Code Administration Department prior to the establishment of the conditional residential occupation. 3. Location, Design, and Operation. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 21-02. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was four(4)yes and one (1)no: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Janice Escola, undated. 2. Compliance with all other applicable codes and ordinances. Therefore, the motion to approve Petition 21-02 was adopted. 4 ) Findings of Fact Zoning and Subdivision Hearing Board Petition 21-02 June 19,2002 Respectfully Submitted, /. Claude Hamlin, Chairman Zoning and Subdivision Hearing Board 4 /, Day • anal. ecre .1 Zoning and Subdivision Hearing Board ) r 5