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HomeMy WebLinkAboutG2-03 r , Ordinance No. G2-03 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION (2630 Boxwood Drive) WHEREAS, written application has been made for a conditional use for a conditional residential occupation in the RC1 Residence Conservation District at 2630 Boxwood Drive; 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 eigik hereof by reference as Exhibit A. Section 2 . That a conditional use for a conditional residential occupation in the RC1 Residence Conservation District at 2630 Boxwood Drive and legally described as follows : LOT 49 IN RANDALL RIDGE, UNIT 1, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 2630 BOXWOOD DRIVE) . be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Statement of Purpose and Conformance submitted by Rebecca Lucas, dated October 24, 2002 . 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. E Scha k, Mayor eft' Presented: January 8, 2003 Passed: January 8, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: January 9, 2003 Published: Attest : Do onna Mecum, it Clerk eglik November 20, 2002 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 62-02 Requesting a Conditional Use for a Conditional Residential Occupation in the RCl Residence Conservation District; Property Located at 2630 Boxwood Drive by Rebecca Lucas, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: RC1 Residence Conservation District Intended Use: Conditional Residential Occupation Property Location: _ 2630 Boxwood Drive Applicant and Owner: Rebecca Lucas 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) Exhibit A • Findings of Fact Zoning and Subdivision Hearing Board Petition 62-02 November 20, 2002 BACKGROUND An application has been filed by Rebecca Lucas, requesting conditional use approval for a conditional residential occupation in the RC 1 Residence Conservation District. The subject property is located at 2630 Boxwood Drive(reference Exhibits A, B, C, D and E). The applicant proposes to use a portion of her existing home as an office for a training consulting company. The applicant anticipates a single employee coming to the home 4 days per week. No customers or clients will come to the home. There will be 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 62-02 on November 20, 2002.The applicant testified at the public hearing and presented documentary evidence in support of the petition. The Community Development Group has submitted a Conditional Use Review dated November 12, 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 1989. B. Surrounding Land Use and Zoning Findings. The subject property is located on Boxwood Drive in the Randall Ridge Subdivision. The surrounding properties are zoned RC1 Residence Conservation District and are developed with single-family residences. C. Trend of Development Findings. The Randall Ridge Subdivision began developing in the early 1990's with predominately single-family residences. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 62-02 November 20, 2002 eoh- 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 9,580 square feet of lot area. The property is improved with a single-family residence containing approximately 2,400 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 Boxwood Drive, a local street. The employee will park in the applicant's driveway or garage. There will be no company vehicles stored on the premises. 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. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 62-02 November 20,2002 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. 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. trk 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 62-02. On a motion to recommend approval of the conditional use, subject to the following ei ,, conditions, the vote was four(4) yes and zero (0)no: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Rebecca Lucas, dated October 24, 2002. 4 1. Findings of Fact Zoning and Subdivision Hearing Board Petition 62-02 November 20, 2002 esk 2. Compliance with all other applicable codes and ordinances. Therefore, the motion to approve Petition 62-02 was adopted. Respectfully Submitted, Ralph Ti.eri, airman Pro Tern Zoning and Subdivision Hearing Board David Sundland, Secretary Zoning and Subdivision Hearing Board 5