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Home My WebLink AboutG85-02 . . Ordinance No . G85-02 few AN ORDINANCE REVOKING AN EXISTING CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT AND CHECK CASHING AGENCY (325 West Highland Avenue) WHEREAS, written application has been made for the relocation of an existing conditional use for a package liquor sales establishment and check cashing agency in the CC2 Center City District at 325 West Highland 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 has 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 eft. 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. Section 2 . That the existing conditional use for a package liquor sales establishment and check cashing agency in the CC2 Center City District at 325 West Highland Avenue and legally described as follows : Lots 1 and 2 and that part of Lots 10 and 11 described as follows : Beginning at the Northwesterly corner of said Lot 11 ; thence Easterly along the North line of said Lot 11, 73 feet 2 inches; thence Southerly to a point on the Southerly line of said Lot 11 , 83 feet 3 inches Westerly from the Southeasterly corner thereof ; thence Southerly along the extension of the last described course 6 feet 6 inches; thence Westerly 40 feet 6 inches to a point on the Southerly line of said Lot 11, 8 feet 3 inches Easterly from the Southwesterly corner thereof ; thence Westerly along said Southerly line 8 feet 3 inches to the Southwesterly corner thereof; thence Northerly along the Westerly line of said Lot 11 , 95 feet to the point of beginning; all in Block 34 of the Original Town of Elgin, on the West side of Fox River, in eft the City of Elgin, Kane County, Illinois . be and is hereby revoked and repealed. Section 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. E Schock, Mayor Presented: December 4 , 2002 Passed: December 4 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: December 5 , 2002 Published: Attest : �f Dolonna Mecum, City Clerk r October 2, 2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 48-02 Requesting the Revocation of a Conditional Use for a Package Liquor Sales Establishment and Check Cashing Agency in the CC2 Center City District, Property Owned by Nick Garris Located at 325 West Highland Avenue, by the City of Elgin as Applicant. GENERAL INFORMATION Requested Action: Revocation of Existing Conditional Use Current Zoning: CC2 Center City District Existing Use: Package Liquor Sales and Check Cashing Agency Property Location: 325 West Highland Avenue Applicant: City of Elgin Owner: Nick Garris Staff Coordinator: Jennifer Becker,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. Related Communication (see enclosed) G. Draft Conditional Use Revocation Ordinance (see enclosed) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 48-02 October 2, 2002 BACKGROUND The City of Elgin has filed an application requesting the revocation of an existing conditional use in the CC2 Center City District to prevent the re-establishment of package liquor sales or check cashing in the existing building on the subject property. The property owner, Nick Garris, has recently received conditional use approval from the City Council to move his existing operation to a new location (Clock Tower Shopping Center), and has agreed to the City of Elgin filing this application. Package liquor sales and check cashing agencies require conditional use approval in the CC2 Center City District. Under the regulations of the zoning ordinance, another liquor store and check cashing agency could be established at the subject location without going through the public hearing process unless the existing conditional use is revoked (reference Exhibits A,B, C, D, and E). The existing package liquor store and check cashing agency were established in 1987 when both were permitted uses at the subject site. With the comprehensive amendment to the zoning ordinance in 1992, the property was reclassified CC2 Center City District. The property was granted lawful conditional use status pursuant to the transition rules of the zoning ordinance, and was allowed to continue to operate indefinitely in compliance with those rules. Approving the request to revoke the existing conditional use for the package liquor sales and check cashing agency will prevent the uses from being re- established at the subject property without going through a public hearing process (reference Exhibits F and G). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 48-02 on October 2, 2002. The • applicant testified at the public hearing and presented documentary evidence in support of the application. Written correspondence has been submitted. The Community Development Group submitted a memorandum in lieu of a Conditional Use Review dated September 19, 2002. 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. The revocation of the existing conditional uses will enable the City of Elgin to process requests for package liquor sales and check cashing agencies on an individual basis in the future, rather than having no control over the use of the property. Processing new requests for the establishment of liquor sales or check 2 r Findings of Fact Zoning and Subdivision Hearing Board Petition 48-02 October 2, 2002 cashing will enable tighter controls over the operation of the uses to eliminate the current stress on the surrounding neighborhood. 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 hereby recommends approval of the revocation of the existing conditional uses. On a motion to recommend approval of the draft ordinance, the vote was six (6) yes and zero (0)no. Therefore,the motion to recommend approval of Petition 48-02 was adopted. a Ralph i ri, Chairman Zoning and Subdivision Hearing Board 6,./ I// David Sundland, Secretary Zoning and Subdivision Hearing Board 3 )_ T i* '\ I- [J_[ ' 7 1111111:� ��' �1�� \ !l �- - Ill, I V tip..., 4 1 H _ _ ' r-)-fl - \ '\ �� ✓ ill - !, _ �� 1 Th1Ht _1I I =L 1 r I I' I- I -,--I 7 / ! -7 ___ _ L ( \--FL) ‘ • \_) - ,--, s 'I-I Lii_L H r I -_____Li_ ' I I 1,4v_4 ) . \ _-___i___1„_:,v„-L__Lo 1 - i 1 r7 J___ ---/ — - -1-4-1 I teA % 4 , 0 ,,O \,, \ - ',_Iiii ' — -' 4 i - 1 ! i Lam. s •♦ •_ ��• ♦ I I ) I SUBJECT PROPERTY 1 _ , PETITION 48-02 11 . HIC, • ,.r_g U ) so- A k- = ,, � � �1 1I I I I hh -CHiCA L i _ 1-! - - y_ GO \\\ - _ _ I r*# illhil. , 1-!I_ ' - .a 4 03 1 111 1110\ I --] "7----1 [ - ___t-- [, ji [ ik ,‘„‘ \w 811 0 1 i-7 I--r- --- ----Hit L--T--■ ‘ 0 Olik * I\I‘,-- c, -\4 IIA , ' IP - ----',--\ ',. ‘,\, - \\---- - NO - 1 tH � ■ � -L L _ r I - � 1! 1 !; t- I -J V\IL N . I �1 .._ p 4 _1 . __ k - , 1 \ � IIt, L! �, ' ! 1 iln--T-- :=11- _74_1__] ILI -1' --- LI.-_1_, L.---1 1'1 '1 - , - - , 1 1 --- il '-_- ---- -- __ �I _ -- 1 t r- [ 1 I 1--1LI -±- ---1~_ 0 DEPARTMENT OF CODE ADMINISTRATION AND DEVELOPMENT SERVICES I SEPTEMBER 26, 2002 A LOCATION MAP EXHIBIT A N 1