99-64 <0 OF Et�''L
City of Elgin
I� �1i' Mayor
rr
H Kevin Kelly
LCouncil Members
Terry Gavin
Robert Gilliam
Ed Schock
John Walters
Marie Yearman
March 19, 1999
Ms . Lorraine Sava
Kane County Clerk
P.O. Box 70
Geneva, IL 60134
Re: Kane County Rezoning Request at 38W640 Highland Avenue
Nathan Steffen, et ux
Dear Lorraine:
I am enclosing a certified copy of Resolution 99-64 adopted by
the Elgin City Council on March 10, 1999 . This resolution is
being filed with you in accordance with the procedure outlined in
Kane County Resolution 88-138 which requires that protests to
rezoning requests be filed with the Kane County Clerk.
Sincerely,
Dolonna "Loni" Mecum, CMC/AAE
City Clerk
847/931-5660
dkm
Enclosure
c : Kane County Development Department
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616
® Printed on recycled paper
State of Illinois )
County of Kane ) ss .
City of Elgin
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the
City Clerk of the City of Elgin, in the Counties of Kane and
Cook in the State of Illinois, and that as such City Clerk I
am the keeper and custodian of the files and records of said
City of Elgin and the seal thereof .
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of:
RESOLUTION NO. 99-64
RESOLUTION
PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY
( 38W640 Highland Avenue)
adopted by the Elgin City Council at its legally convened
meeting held on March 10, 1999 .
In Witness Whereof, I have hereunto set my hand and
affixed the corporate seal of the City of Elgin at the said
City in the County and State aforesaid this March 19 , 1999 .
/City Clerk
(SEAL)
ti
Resolution No. 99-64
RESOLUTION
PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY
( 38W640 Highland Avenue)
WHEREAS, application has been made to reclassify certain
territory located at 38W640 Highland Avenue, which is not
included within the boundaries of any municipality, from F to
R-1 said territory being legally described as follows :
That part of the Southwest Quarter of Section 6
and part of the Northwest Quarter of Section 7 ,
Township 41 North, Range 8 East of the Third
Principal Meridian, described as follows : Commencing
at the Southeast Corner of the Northwest Quarter of
Section 7; thence North on East line of said
Northwest Quarter, 2185 . 7 feet to the center line of
Highland Avenue Road; thence North 67° 15 ' West along
said center line 1036 .43 feet to the point of
beginning; thence North 29 ' West 343 . 96 feet; thence
East 390 . 60 feet; thence South 1° 44 ' East 513 . 08
feet to the center line of said Highland Avenue Road;
thence North 67° 15 ' West along said center line
437 . 05 feet to the point of beginning, in the
Township of Elgin, Kane County, Illinois, except any
portion lying within the public right-of-way, from F
to R-1 .
WHEREAS, said territory is within one and one-half miles
of the corporate boundaries of the City of Elgin; and
WHEREAS, the City of Elgin has passed a comprehensive
plan; and
WHEREAS, the Planning and Development Commission of the
City of Elgin has reviewed said application and recommended
that the application be denied; and
WHEREAS, the proposed reclassification threatens an
adverse effect upon the value of surrounding properties and is
inconsistent with the comprehensive plan of the City of Elgin;
and
WHEREAS, 55 ILCS 5/5-12007, et seq. provides that no
amendment of regulations or districts under county zoning
ordinances shall be made where the land affected lies within
one and one-half miles of a zoned municipality and a protest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that it hereby protests the
reclassification of the above described territory from F to
R-1 .
BE IT FURTHER RESOLVED that the City Clerk be and is
hereby authorized and directed to file a certified copy of
this resolution with the County Clerk of Kane County.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: March 10, 1999
Adopted: March 10, 1999
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
yFE< (,k )
f � ', 6� City of Elgin Agenda Item No.
N 1
°RAT{D Os'
March 4 , 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Kane County Rezoning Request : F to R-1
Nathan Steffen, et ux
PURPOSE
Consideration of a request to reclassify property located in
unincorporated Kane County from F to R-1; by Nathan and
Marilyn Steffen, as applicants and owners. The subject
property is located at 38W640 Highland Avenue .
BACKGROUND
The City of Elgin has received notice from the Building and
Zoning Division of the Kane County Development Department of a
request to reclassify property located in unincorporated Kane
[ County from F to R-1 . The subject property is located on the
north side of Highland Avenue, approximately 700 feet east of
Coombs Road.
The applicants propose to rezone the subject property from
Kane County F to R-1, and to divide the property to create a
building site for a second single family residence. Kane
County officials indicate that the property owners intend to
divide the subject property under an exemption to the Plat
Act . The 3 . 9 acre parcel is improved with a single family
residence and accessory buildings (reference attached peti-
tioner' s statement, location map, and plat of survey) .
The subject property is located within the City of Elgin' s one
and one-half mile extraterritorial planning and subdivision
jurisdiction. Accordingly, the City of Elgin may object to
the rezoning request requiring Kane County approval by a
super-majority vote. Additionally, the City can impose its
Subdivision Ordinance requirements in those instances where
subdivision approval is sought .
Since 1978, the City of Elgin has routinely objected to county
zoning petitions which conflict with the land use designations
in the Elgin jurisdictional planning area. In particular, the
fek City has objected to those county zoning petitions which, if
approved, would reinforce a development pattern which might
impede Elgin' s planned growth.
FINDINGS
The Planning and Development Commission has made the following
findings concerning the requested reclassification of property
in unincorporated Kane County:
A. Site Characteristics: The subject property contains 3 . 9
acres . The property is improved with a single family
residence and accessory buildings . The property is
wooded.
B. Surrounding Land Use: The property is surrounded on the
north, south, and west with estate residences and some
commercial enterprises . The area located to the east of
the subject property is in agricultural use.
C. Utilities: There is sufficient area to divide the
subject property and create a second lot meeting the
county requirements for utility service with a private
septic system and well . The subject property is located
in planned service areas for municipal sanitary sewer and
water systems . The City has invested substantially in
sewer and water capital improvements in order to serve
the Elgin Planning Area. Additional county development
will compromise the potential recovery of capital im-
provement investments . The subject property is located
within planned service areas for municipal sewer (Tyler
Creek Interceptor Sewer) and water (West Pressure Zone)
systems .
D. Far West Area Plan: The subject property, and much of
the surrounding area, is designated "urban residential"
in the Far West Area Plan. The Far West Area Plan repre-
sents a commitment by the City of Elgin to quality land
resource management; directing a balance among the need
for development, the cost of development, and the conser-
vation of the natural environment . If the City is to
realize the benefits of its commitments to planning in
the Far West Area, it must exercise its control over
development in the area to the greatest extent possible .
FINANCIAL IMPACT
None .
J*1/LEGAL IMPACT
None.
ALTERNATIVES
1 . Object to the rezoning request requiring that the re-
quested zoning action be approved by a super-majority
vote .
2 . Take no position.
RECOMMENDATION
In view of the above findings, the Planning and Development
Commission recommends that the City object to the requested
change from Kane County F to R-1, requiring approval by a
super-majority vote . On a motion to object to the Kane County
rezoning request, the vote was (7) yes and (0) no.
(R ectfully submi ed,• Ct- ici-c---,.._
_ --J ce� . Parker
City Manager
TJA/ta
Attachments
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COUNTY OF KANE
EVELOPMENT DEPARTMENT :o,��o.N`,
County Government Center
Building&Zoning Division """`0 719 Batavia Avenue
: ���. > :
`.'+ 4; Geneva,Illinois 60134
Edward T.Sieben,Director .°�%.114.-11.11'4°.e°
"'- .5 Phone: (630)232-3492
Fax: (630)232-3411
c�
January 28, 1999 I �RCEIVED12
Mr. Robert Dahlstrom, Director K
Elgin Community Development l FEB _ 2-----------
1 9
150 Dexter Court
�'� QFELGIN
Elgin, IL 60120 ° \1�L!ANMING DEPT
RE: Rezoning Request: F to R-1 A
Nathan Steffen, et ux
Dear Mr. Dahlstrom:
Enclosed is a copy of the referenced petition filed recently with the Kane County Zoning Board
of Appeals.
We welcome any comments you may have regarding this request.
Thank you.
Sincerely,
KANE COUNTY DEVELOPMENT DEPARTMENT
ag4 a
Edward T. Sieben, Director
Building & Zoning Division
ETS/mll
Enclosure
M:\DEVLIB\ZON\WP\SEC\ZBA\REZPET
January 13, 1999
rift
RE: Rezoning Request; 3.9 acres zoned F-non farm, for additional building site to be
zoned R-1, district residential, located at 38W640 Highland Ave., Elgin, Illinois.
Dear Sirs;
As owners of the above referenced property, we formally petition your office for approval
to divide our property so as to provide our son Mark E. Steffen, his wife Barbara J.
Steffen and family a building site.
We are grateful for the preliminary meeting granted us on Monday, September 14, 1998
before the Kane County Technical Staff. Since then we have been actively procuring the
requested applications and documents.
•
Enclosures:
1.* Two plot surveys by Dale Floyd, Illinois professional land surveyor.
2. One aerial photo from The Sidwell Company, West Chicago, Illinois.
3. One certification of notification of adjacent property owners, with letter.
4. A check for the required fee of eight hundred dollars ($800.00).
Documents submitted to other authorities of which you should have copies:
1. Land use opinion from Kane DuPage Soil and Water Conservation office.
2. Endangered Species Consultation Agency.
Thank you for your kind consideration.
Sincerely,
�frLfll / '074"r%1AAA'
Qh 0 t 4 eU,1 la" j:;ff"1/4
Nathan E. Steffen Mark E. Steffen
Marilyn J. Steffen Barbara J. Steffen
38W640 Highland Ave. 852 Illinois Ave.
Elgin, IL 60123 Elgin, IL 60120
RECEIVED
847-741-7022 847-742-5172
JAN 1 9 1999
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County of Kane
-vo' NOTE: Survey not valid I, DALE A. FLOYD, Do hereby certify that the above /
without embossed seal.
describe property has been surveyed under my
I points before supervise n, in the manner represented on the plat
same and at hereon awn.
difference Dlmensi s are shown in feet and decimal parts
thereof.
ca .,,, //- '- 9S Elgin, tlli ois /Z» %G A.D. 199Z o
INV ; #12.1/ �t nd.Sunntya No.035-002876
14.1441... Illinois PrOfessionai Land Surveyor No. 035-002876