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HomeMy WebLinkAboutG29-06 Ordinance No. G29-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A FRONT AND A REAR PORCH IN THE RC3 RESIDENCE CONSERVATION DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (73 North Liberty Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a front porch and a rear porch within the RC3 Residence Conservation District and the ARC Arterial Road Corridor Overlay District at 73 North Liberty 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: eikk Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 1, 2006, 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 a conditional use for a planned development which will allow for the construction of a front and a rear porch within the RC3 Residence Conservation District and the ARC Arterial Road Corridor District at 73 North Liberty Street and legally described as follows: Lot 4 in Block 1 in Jonathon Forces Addition to Elgin, in the City of Elgin,Kane County, Illinois (Property Commonly Known as 73 North Liberty Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance submitted by Mr. John Wiedmeyer, dated September 1, 2005. 2. Substantial conformance to the Site Plan/Porch Elevation Plans submitted by Mr. John Wiedmeyer, dated February 6, 2006. 3. Conformance with all applicable codes and ordinances. eik Section 3. That the conditional use granted herein shall expire if not established within two years 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. ■ • 34Cooeroir• Ed Schock,Mayor Presented: April 12, 2006 Passed: April 12, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 13, 2006 Published: Attest: tifit c-c .--- Dolonna Mecum, City Clerk r March 1, 2006 r FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 14-06 Requesting a Conditional Use for a Planned Development in the RC3 Residence Conservation District and the ARC Arterial Road Corridor Overlay District, to Permit the Construction of a Front and a Rear Porch;Property Located at 73 North Liberty Street,by John Wiedmeyer, as Applicant and Owner. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: RC3 Residence Conservation District Existing Use: Single Family Residence Proposed Use: Single Family Residence Property Location: 73 North Liberty Street Applicant and Owner: John Wiedmeyer Staff Coordinator: Lydia Treganza, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E E. Environmental Map (see attached) F. Site Photos (see attached) Findings of Fact Zoning and Subdivision Hearing Board r Petition 14-06 March 1, 2006 G. Statement of Purpose and Conformance (see attached) H. Draft Conditional Use Ordinance (see attached) I. Standards for Conditional Use (see attached) J. Related Correspondence (see attached) BACKGROUND An application has been filed by John Wiedmeyer, requesting a conditional use for a planned development to permit the construction of a front and a rear porch. The property is located at 73 North Liberty Street (reference Exhibits A, B, C, D, E, and F). The applicant is proposing to add a front porch and a rear porch to the existing,house. The front porch will be a reconstruction of a porch that originally existed on the west elevation of the home and the rear porch will be a new addition to the east elevation of the home. The applicant is requesting departures from the zoning ordinance to allow the construction of these porches. !!"''` A porch must meet the required building setback from a street lot line. The required street building setback for each porch is 20 feet. The proposed front porch will be located 16 feet from the street lot line fronting.Liberty Street. The proposed rear porch will be located 10 feet from the street lot line fronting Forest Street(reference Exhibits G, H, and I). In the ARC Arterial Road Corridor Overlay District, the construction of any building additions or any exterior building modifications resulting in a change in the architectural design of the exterior building elevations or a change in the building materials which can be viewed from the public right of way requires planned development approval. GENERAL FINDINGS After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public hearing in consideration of Petition 14-06 on March 1, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the applicant. Three supporters spoke at the public hearing. Written correspondence has been submitted (reference Exhibit J). The Community Development Group submitted a Conditional Use Review dated February 20, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to its size,shape,significant natural - 2 - Findings of Fact Zoning and Subdivision Hearing Board fook Petition 14-06 March 1, 2006 features (including topography, watercourse and vegetation), and existing improvements. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 9,803 square feet of land. The property is improved with a two story single family residence containing approximately 2,123 square feet of floor area. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the sewer and water standard. The subject property is served with municipal water,stormwater, and sanitary sewer service. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development 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 for a planned development with respect to the traffic and parking standard. The subject property is located on the southeast corner of North Liberty Street and Forest Avenue. North Liberty Street is an arterial street serving the east side of Elgin. Forest Avenue is a local street serving the surrounding residential neighborhood. Off-street parking is provided in conformance with the Off-Street Parking Ordinance. Zoning History Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927: B Residential 1950: B Residential - 3 - • Findings of Fact Zoning and Subdivision Hearing Board Petition 14-06 March 1, 2006 1960: B Residential 1962: R2 Single Family Residence District 1992: RC3 Residence Conservation District Present: RC3 Residence Conservation District E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Properties directly surrounding the subject property are zoned RC3 Residence Conservation District and are developed with single family residences. F. Trend of Development. The suitability of the subject property for the proposed planned development with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. Findings: The subject property is suitable for the proposed planned development with respect to the trend of development standard. The subject property is located within an existing mature residential neighborhood developed with single family residences. G. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the RC3 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 1950 with single family detached dwellings. H. Conditional Use for a Planned Development. The suitability of the subject property for the intended conditional use for a planned development district with respect to conformance to the provisions for the purpose and intent, and the location and size of a planned zoning r district. - 4 - Findings of Fact Zoning and Subdivision Hearing Board r Petition 14-06 March 1, 2006 No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the purpose and intent of a conditional use for a planned development standard. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district, and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. The proposed porches will be constructed of building materials which will match the existing exterior materials and will be designed to compliment the architecture of the building. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the Comprehensive Plan Standard. The subject property is designated as Residential; Urban/Traditional by the City's Comprehensive Plan and Design Guidelines dated 2005. The proposed planned development is in conformance with this designation. J. Natural Preservation. The suitability of the subject property for the intended conditional use for a planned development with respect to the preservation of all significant natural features including topography,watercourses, wetlands, and vegetation. Findings: The subject property is suitable for the intended conditional use for a planned - 5 - . Findings of Fact Zoning and Subdivision Hearing Board """ Petition 14-06 March 1, 2006 development with regard to the natural preservation standard. There are no watercourses or wetlands present on the subject property. Existing trees on the site will not be affected by the construction of the proposed two porches. K. Internal Land Use. The suitability of the subject property for the intended conditional use for a planned development with respect to the land uses permitted within the development being located, designed, and operated so as to exercise no undue detrimental influence on each other or on surrounding property. Findings: The subject property is suitable for the intended conditional use for a planned development with respect to the internal land use'standard. The proposed planned development will allow the construction of a front and a rear porch on the property subject to the provisions of Title 20, Designation and Preservation of Historically and Architecturally Significant property. L. Historic Preservation Standard. Where applicable,the suitability of the subject property for the intended conditional use with respect to making possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a rk designated historic district while preserving those portions and features of the property which are significant to its historic,architectural,and cultural values to an historic preservation plan and subject to the provisions of Title 20, Designation and Preservation of Historically and Architecturally Significant Property. Findings. The subject property is suitable for the intended conditional use with respect to the Historic Preservation Standard. The purpose and intent of the Historic Preservation Standard is to preserve those portions and features of a property which are significant to its historic, architectural and cultural values. The applicant received a Certificate of Appropriateness from the Elgin Heritage Commission in 2003 to reconstruct the original full-width front porch and to construct a new rear porch. Both porches meet Elgin's Historic District Design Guideline Manual specifications. PLANNED DEVELOPMENT DEPARTURES AND EXCEPTIONS A planned development may be granted certain departures from the normal standards,regulations, requirements, and procedures of the zoning ordinance. For the purposes of this section,the most similar zoning district is the RC3 Residence Conservation District. The applicant is requesting the following departure from the standard requirements of the RC3 District: - 6 - Findings of Fact Zoning and Subdivision Hearing Board r Petition 14-06 March 1, 2006 Section 19.20.635 (E) Setbacks by Lot Line. In the RC3 Residence Conservation District, the minimum required setback from a street lot line is twenty linear feet. The applicant proposes to locate the front porch 16 feet from the street lot line fronting Liberty Street and the rear porch 10 feet from the street lot line fronting Forest Street. 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. Findings. 1. Positive Attributes. The purpose and intent of the ARC Arterial Road Corridor Overlay District is to promote and facilitate the implementation of the objectives, policies, and strategies of the City of Elgin Comprehensive Plan. The ARC zoning district is a zoning overlay district, and accordingly, a property located within the district shall also be subject to the regulations of the underlying zoning district in which it is located. The proposed porches will be constructed of building materials which will match the existing exterior materials and will be designed to compliment the architecture of the building. 2. Historic Preservation. The purpose and intent of the Historic Preservation Standard is to preserve those portions and features of a property which are significant to its historic, architectural and cultural values. The applicant received a Certificate of Appropriateness from the Elgin Heritage Commission in 2003 to reconstruct the original full-width front porch and to construct a new rear porch. Both porches meet Elgin's Historic District Design Guideline Manual specifications. The proposed planned development will allow the construction of a front and a rear porch on the property subject to the provisions of Title 20, Designation and Preservation of Historically and Architecturally Significant property. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of-conditions,there are no substantive alternatives. r - 7 - Findings of Fact Zoning and Subdivision Hearing Board eft, Petition 14-06 March 1, 2006 DECISION On a motion to recommend approval, subject to the following conditions,the vote was four(4)yes, zero (0) no, and one (1) abstention: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by Mr. John Wiedmeyer, dated 09/01/2005. 2. Substantial conformance to the Site Plan/Porch Elevation Plans submitted by Mr. John Wiedmeyer, undated. 3. Compliance with all applicable codes and ordinances. Therefore, the motion to recommend approval was adopted. Respectfully Submitted, ellbk 60LIALL,C_ ' Daniel Weiler, Acting Chairman Zoning and Subdivision Hearing Board A' , • r ./ � . /_�_ Lien Pr sss, Secretary Zoning and Subdivision Hearing Board r - 8 -