Loading...
HomeMy WebLinkAboutG35-17 Ordinance No. G35-17 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL OCCUPATION IN THE RC2 RESIDENCE CONSERVATION DISTRICT (403 N. Alfred Street) WHEREAS, written application has been made requesting conditional use approval to establish a conditional residential occupation for a certified massage therapist at 403 N. Alfred Street; and WHEREAS, the zoning lot with the building containing the premises at 403 N. Alfred Street is legally described herein (the "Subject Property"); and WHEREAS, the Subject Property is located within the RC2 Residence Conservation District and a conditional residential occupation is classified as a conditional use within the RC2 Residence Conservation District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on June 5, 2017 following due notice by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning, including,but not limited to,this ordinance granting a conditional use in the RC2 Residence Conservation District pertains to the government and affairs of the city. 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, dated June 5, 2017, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, 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 conditional residential occupation for a certified massage therapist is hereby granted for the property commonly known as 403 N. Alfred Street and commonly identified by Kane County Property Identification Number (PIN) 06-15-228-003, and legally described as follows: Lot 20 in First Addition to Funk's Western Heights in the City of Elgin, Kane County, Illinois. Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Sara Kasper, as applicant, and Stefanie Uphold, as property owner, received April 21, 2017 and supporting documents including: a. Statement of Purpose and Conformance, dated April 20, 2017, received May 9, 2017; b. Untitled letter from the applicant, dated April 20, 2017, received April 21, 2017; c. Certificate of Liability Insurance for Sara Kasper from Insurance Plus, dated December 27, 2016; d. Plat of Survey, prepared by AES Advanced Engineering & Surveying, dated April 12, 2016; and e. Untitled floor plan, received April 21, 2017. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. No more than five persons shall be allowed to visit the subject property for the purpose of conducting business each day. Such visitations shall be limited to Monday-Friday 8:00 A.M. to 6:00 P.M. with no hours of operation on Saturday and Sunday. 3. The operation of the conditional residential occupation shall be limited to one licensed massage therapist residing in the dwelling unit on the premises. No additional employees or subcontractors are permitted to work on the premises as part of the conditional residential occupation hereby permitted. 4. Prior to the commencement of operation of the conditional residential occupation, the licensed massage therapist must obtain a massage therapist permit, and a permit for a massage therapy establishment from the City's Public Health Division. 5. The applicant must obtain a Certificate of Occupancy prior to the commencement of operation of the conditional residential occupation. 6. No alterations, exterior or interior of structures on the property, temporary or permanent, that change the essential residential character of the land or structures of the zoning lot with - 2 - the conditional residential occupation hereby authorized shall be allowed, including, but not limited to, additional entrances and exits, additional bathrooms, accessible doorways and ramps. 7. No signs other than those allowed in a residence district by the zoning ordinance shall be allowed, including, but not limited to, any commercial signage for the purpose of promoting or advertising the conditional residential occupation on the premises. 8. The existing dwelling unit with the conditional residential occupation hereby authorized shall not generate more demand for off street parking than what exists and can be accommodated on the subject property. 9. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be full force and effect upon its passage in the manner provided by law. David J. Kapt ' , MZYor Presented: July 26, 2017 Passed July 26, 2017 Vote: Yeas: 8 Nays: 1 Recorded: July 26, 2017 d Published: July 27, 2017 At s . " f Kimberly Dewis, City 1 rk - 3 - June 5, 2017 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, IL OVERVIEW Provided herein are the written findings and recommendation of the Community Development Department and the Planning & Zoning Commission regarding Petition 10-17, an application by Sara Kasper,as applicant,and Stefanie Uphold,as owner,requesting approval of a conditional use to establish a conditional residential occupation for a certified massage therapist at the property located at 403 N. Alfred Street,zoned RC2 Residence Conservation District. GENERAL INFORMATION Petition Number: 10-17 Requested Action: Approval of a Conditional Use Current Zoning: RC2 Residence Conservation District Existing Use: Single-Family Detached Dwelling Proposed Use: Single-Family Detached Dwelling with a Conditional Residential Occupation (Certified Massage Therapist) Property Location: 403 North Alfred Street Applicant: Sara Kasper Owner: Stefanie Uphold Staff Coordinator: Damir Latinovic, AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map Exhibit A Recommendation & Findings of Fact Petition 10-17 June 5, 2017 D. Site Location E. Conditional Residential Occupation Regulations F. Development Application and Attachments G. Draft Conditional Use Ordinance BACKGROUND Sara Kasper, as applicant, and Stefanie Uphold, as property owner, are requesting approval of a conditional use to establish a conditional residential occupation for a certified massage therapist at the property located at 403 N. Alfred Street. The 18,000-square foot property is located in an established neighborhood on the city's northwest side. The property is improved with a split-level, single-family detached home with a two-car attached garage. The home is located approximately 61 feet from the front property line. As such, the existing driveway can accommodate up to six vehicles. The applicant, a certified massage therapist, is seeking conditional use approval to be able to offer massage therapy at her home. The applicant and the owner both reside at the property as one household. The applicant is proposing to use an existing room with its own bathroom on the first floor of the house as the massage therapy room. No changes are proposed to the home or the property, including no exterior signage. The applicant will operate as the sole practitioner with no other employees. The zoning ordinance includes special regulations for conditional residential occupations(Exhibit E), such as a certified massage therapist. The regulations, among others, limit the floor area of the home devoted to the residential occupation to no more than 30%of the home's floor area, prohibit creation of a separate entrance for the business, and limit the number of persons allowed to visit the premises for the purpose of the business to no more than ten persons per day. The hours of operation of the conditional residential occupation are limited to Monday through Saturday 8:00 am—6:00 pm, and Sunday noon—5:00 pm.No conditional residential use is permitted to generate more parking demand than what is available on the property. The applicant will comply with all requirements for conditional residential occupations. A massage establishment in a residential district is also regulated by the city's public health division through issuance of a massage establishment permit and a permit for the practicing massage therapist. The public health division conducts annual inspections of the premises and requires annual renewals of the massage establishment and massage therapist permits. The applicant has submitted all necessary permit documents to the city's Public Health Division. All application materials have been reviewed and approved, however, the massage establishment -2 - Recommendation & Findings of Fact Petition 10-17 June 5, 2017 permit and the permit for the practicing massage therapist will only be issued if City Council approves the conditional use. The conditional residential occupation for a certified massage therapist is listed as a conditional use in the RC2 Residence Conservation District, requiring the review and recommendation by the Planning and Zoning Commission and approval by the City Council. The Community Development Department offers the following additional information: A. Property History. The subject property was annexed to the city in 1953 and was subdivided shortly thereafter as part of Funk's Western Heights 1St Addition to Elgin.Upon annexation, the property was zoned A Residential. The existing single-family home was constructed in 1957. In 1962, the property was rezoned to R2 Single Family Residence District, and in 1992, the property was rezoned to RC2 Residence Conservation District as part of the comprehensive amendment to the zoning ordinance. B. Surrounding Land Use and Zoning. All surrounding properties are zoned RC2 Residence Conservation District and are improved with single-family homes. C. Comprehensive Plan. The subject property is designated as "Low Density Residential (2.1-4 du/ac)" by the City's 2005 Comprehensive Plan and Design Guidelines. The Low Density Residential designation provides for the development of conventional single- family detached homes. Appropriate locations offer neighborhood access to collector roads, access to water and sanitary sewer systems, and proximity to public safety services. The provision of park and open space is encouraged to provide opportunities for recreation and access to pedestrian and bicycle trail systems. Other uses allowed in the category may include neighborhood commercial centers, churches and schools in locations deemed appropriate by the City. D. Zoning District. The purpose of the RC2 Residence Conservation District is to conserve the urban residential environment of the mature residential neighborhoods of the city, which developed predominantly subsequent to 1950 with single-family detached dwellings. E. Trend of Development. The subject property is located within an established, built-out residential neighborhood on the northwest side of the city. All surrounding properties are improved with single-family detached homes. There have not been any significant new developments or redevelopments in the surrounding neighborhood, other than general home improvements, and residential accessory structures, such as garages, sheds, fences, etc. - 3 - Recommendation& Findings of Fact Petition 10-17 June 5, 2017 FINDINGS After due notice as required by law, the Planning & Zoning Commission conducted a public hearing in consideration of Petition 10-17 on June 5, 2017. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning Commission dated June 5, 2017. The Community Development Department and the Planning & Zoning Commission have made the following findings regarding this application against the standards for conditional uses outlined within § 19.65.030: 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 its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. The property is improved with a single-family detached home. There are no significant natural features existing on the property, except for customary landscaping associated with a single-family home of this age; no trees will be removed because of this application. The applicant is proposing to use one room within the home for massage therapy practice which can adequately serve the use. The applicant is not proposing to make any interior or exterior changes to the property. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. The property is currently served by municipal water, sanitary sewer, and storm water systems. The applicant is not proposing any changes to the existing sewer, water, or storm water utilities. 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 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 existing home is located approximately 61 feet from the -4 - Recommendation & Findings of Fact Petition 10-17 June 5, 2017 front property line. The existing driveway can accommodate parking for up to six passenger vehicles. The applicant will, however, accept only one patient at the time. As such, no more than two vehicles generated by the patients will be located on the property at any one time. The applicant will not have any additional employees. Therefore, the parking and vehicular circulation on the property will be similar to other single-family detached homes in the neighborhood. 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. 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. The applicant is not proposing any interior or exterior changes to the single-family detached home. The existing home and property layout can adequately accommodate the proposed massage therapy residential occupation.The hours of operation will comply with the city requirements for all conditional residential occupations. The property will not have any negative effect on the established residential character of the surrounding neighborhood. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a 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. Findings. This standard is not applicable. The subject property is neither designated as a local historic landmark nor is it located within a locally designated historic district. RECOMMENDATION The Community Development Department and the Planning & Zoning Commission recommend approval of Petition 10-17, subject to the following conditions: 1. Substantial conformance to the Development Application submitted by Sara Kasper, as applicant, and Stefanie Uphold, as property owner,received April 21,2017 and supporting documents including: a. Statement of Purpose and Conformance, dated April 20, 2017, received May 9, 2017; b. Untitled letter from the applicant, dated April 20, 2017, received April 21, 2017; - 5 - Recommendation & Findings of Fact Petition 10-17 June 5, 2017 c. Certificate of Liability Insurance for Sara Kasper from Insurance Plus, dated December 27, 2016; d. Plat of Survey, prepared by AES Advanced Engineering & Surveying, dated April 12, 2016; and e. Untitled floor plan, received April 21, 2017 In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. No more than five persons shall be allowed to visit the subject property for the purpose of conducting business each day. Such visitations shall be limited to Monday-Friday with no hours of operation on Saturday and Sunday. 3. Compliance with all applicable codes and ordinances. The vote of the Planning&Zoning Commission on the motion to recommend approval, subject to the conditions outlined above,was four(4)yes,zero(0)no,and zero(0)abstentions.Two members were absent. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Damir Latinovic Damir Latinovic, AICP; Secretary Planning&Zoning Commission - 6 - -DemmondSt =.a rte, i Subject Property Petition 10-17 .� 3 A' Oakley Ave ro'= Oakley,Ave: i i t. EXHIBITA Aerial/Location Map N W+E S 0 30 60 120 180 240 Map prepared by City of Elgin Feet Department of Community Development Q RC-1- o Demmond St m Demmond St � Q t 0 Subject Property Petition 10-17 CF Oakley Ave Oakley Ave Legend RC1 Residence Conservation 1 RC2 RC2 Residence Conservation 2 C ORC3 Residence Conservation 3 OPRC Planned Residence Conservation OSFR1 Single Family Residence 1 QPSFR1 Planned Single Family Residence 1 QSFR2 Single Family Residence 2 Q PSFR2 Planned Single Family Residence 2 Q Q High St TRF Two Family Residence L PTRF Planned Two Family Residence -MFR Multiple Family Residence -PMFR Planned Multiple Family Residence ORB Residence Business QPRB Planned Residential Business -NB Neighborhood Business -PNB Planned Neighborhood Business -AB Area Business -PAB Planned Area Business -CC1 Center City 1 -CC2 Center City 2 PCC Planned Center City -OR Office Research Industrial awren`.e A ve PORI Planned Office Research Industrial GI General Industrial -PGI Planned General Industrial Cl Commercial Industrial CF Community Facility PCF Planned Community Facility EXHIBIT Zoning Map " W+E S Map prepared by City of Elgin 0 60 120 240 360 480 Department of Community Development Feet Subject Property 403 N. Alfred Ave. Petition 10-17 0615228003 y Oakley Ave i EXHBIIT C Parcel Map N A City of Elgin o 15 30 so so 120 Department of Community Development Feet > SUBJECT PROPERTY y4 A 0 5 t ww� a y i d r EXHIBIT D SITE LOCATION 403 North Alfred Street • 1 Street View z x r Conditional Residential Use Occupation Section 19.90.015. Definitions and Regulations RESIDENTIAL OCCUPATIONS, CONDITIONAL: A "business" [SR] which is "accessory" [SR] to a "dwelling unit" [SR]. Conditional residential occupations shall be subject to the provisions of chapter 19.65 of this title. The planning and zoning commission may recommend and the city council may require such conditions and restrictions on the impact, location, design, construction, and operation of the conditional residential occupation as may be deemed necessary to promote the purpose and intent of this title. Conditional residential occupations shall be subject to the following supplementary regulations: A. Operation; Generally: The operation of a conditional residential occupation shall be limited to the persons residing in the dwelling unit plus one additional employee or subcontractor, working on the premises, who is not a resident. B. Use Of Land And Structures: All conditional residential occupations shall be conducted wholly within an "enclosed building" [SR]. Conditional residential occupations may utilize specialized processes and equipment in the performance of the residential occupation,which require building, HVAC,plumbing, or electrical installations which are not customarily found within a dwelling unit. However, no conditional residential occupation shall utilize any process or equipment with any potential for a life/safety hazard, as may be determined by the code official. The floor area of the conditional residential occupation within the principal building shall be limited to thirty percent(30%) of the "residential floor area" [SR]. Residential occupations which exceed ten percent(10%) of the "fire area" shall be subject to the provisions for"accessory areas" of title 16 of this code, as may be amended. No merchandise shall be stored on the premises,except such that can be produced on the premises. Other merchandise may be kept on the premises temporarily while waiting to be distributed to the consumer. No merchandise, goods, supplies, equipment, or materials shall be displayed or stored outdoors. C.Prohibited Alterations:No alterations,exterior or interior of structures,temporary or permanent, that change the essential residential character of the land or structures of a "zoning lot" [SR] with a conditional residential occupation shall be allowed, including, but not limited to, additional entrances and exits,additional bathrooms,accessible doorways and ramps,etc.No signs other than those allowed in residence districts and in residence conservation districts by chapter 19.50 of this title shall be allowed on a zoning lot with a conditional residential occupation. D. Traffic And Parking: No merchandise, goods, supplies, or materials associated with a conditional residential occupation shall be received or delivered on a zoning lot with a conditional residential occupation unless conducted entirely by U.S. postal service, similar parcel delivery service, or private passenger motor vehicle. No dwelling unit with a conditional residential occupation shall generate more demand for off street parking than exists on the zoning lot or in excess of the number of off street parking stalls that may be assigned to a dwelling unit. No more than ten (10) persons shall be allowed to visit the premises of a dwelling unit with a conditional residential occupation for the purpose of conducting business each day. Such visitations shall be limited to Monday through Saturday from the hours of eight o'clock (8:00) A.M.to six o'clock(6:00) P.M., and Sunday from the hours of twelve o'clock(12:00)noon to five o'clock(5:00)P.M. E. Public Nuisance: No conditional residential occupation shall be operated in such a manner as to cause a public nuisance including, but not limited to, interference with broadcast radio and television reception; offensive noise, vibration, smoke, dust, heat, glare, or odor; excessive pedestrian or vehicular traffic; or aesthetic problems. F. Prohibited Conditional Residential Occupations: No conditional residential occupation shall involve the detailing, servicing, or repairing of motor vehicles. No conditional residential occupation shall involve the grooming,treatment, boarding,or propagation of animals,poultry,or livestock. No conditional residential occupation shall involve the handling or preparation of food, except as may be allowed by the cottage food operation provisions of the state of Illinois food handling regulation enforcement act . With the exception of certified massage therapists, which shall be regulated as a conditional residential occupation, and with the exception of"home child daycare services" [SR], which are regulated otherwise, no conditional residential occupation shall involve the personal or medical care or treatment of persons. Certified massage therapists are further regulated by title 6 of this code. "Home child daycare services" [SR] are regulated separately from the provisions of this section. G. Certificate Of Occupancy And Compliance: Conditional residential occupations shall obtain a certificate of occupancy and compliance from the code administration department prior to starting the conditional residential occupation.