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G-1510 Ordinance No . G-1510 AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE OF ELGIN , ILLINOIS , ENTITLED , "THE ELGIN ZONING ORDINANCE" . WHEREAS , a public hearing has been duly held pursuant to the Statutes of the State of Illinois , and the provisions of the Elgin Zoning Ordinance , and WHEREAS , the Elgin Zoning Board of Appeals has transmitted its recommendations to the City Council , all of which have been duly considered . NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ELGIN , ILLINOIS : Section 1 . That Sub-Section B of Section 21-106 of Chapter 21 of the City Code of Elgin , Illinois , as amended , be , and the same hereby is , amended by adding thereto , the following paragraph : That the boundaries hereinbefore described and laid out in the "Zoning District Map" , as amended , be , and they hereby are , altered by excluding from R-3 , Two Family Residence District , and including in B- 1 , Community Business District , the following described premises : Lot 7 in Block 2 of McBride Heirs ' Subdivision , situated in the City of Elgin , Kane County , Illinois . Section 2 . That the change in classification in the above described property to B- 1. , Community Business District is granted and predicated upon the petitioner ' s representation that she wished such classification so that she could operate a dog grooming establishment upon the premises and that no other use permitted in the B- 1 , Community Business District would at any time be established on the described premises , nor would such use be continued in the event that she should discontinue the same on the premises , or should vacate the premises , at which time the zoning classification shall revert back to R-3 , Two Family Residence District . The reclassification of said property will not be effective until the proper restrictive covenant executed by the owner , or owners of the above described real estate , setting forth the foregoing terms and conditions shall be placed on record in the Office of the Recorder of Deeds of Kane County , Illinois . Section 3 . That all ordinances or parts thereof in conflict herewith be , and the same hereby are , repealed and of no further force and effect . r 62 February 23, 1972 VOLUME XXXVII Section 4. That this ordinance shall be in full force and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council . W . E . Rauschenberger , Mayor Presented : February 23, 1972 Passed : February 23, 1972 Vote : Yeas 5 Nays 2 Recorded : February 23, 1972 Published : February 23, 1972 Attest: Margaret A . Glink , City Clerk Ordinance Annexing Three Parcels of Sadler's Addition Tabled Mr. Robt. Durrenberger, 767 Clifford, appeared before the Council objecting to the in- voluntary annexation of his property until the sewer situation in the area is solved. He stated that he had written the City seven years ago with regards to annexation but never received an answer. Mr . Earl Fox of 793 Stewart stated that he owns property in the area proposed for annexation but was not notified of the proposed action. Mayor Rauschenberger responded by saying that tenants were notified. A search of property owners was not made due Wik the time and expense involved. Mr. Fox then questioned the City's long range plan fo, this area . The Mayor explained that there are no long range plans, this annexation as well as others is to close the gaps of surrounded property and provide fire pro- tection services . The City Manager explained that the question of water and other improvements will be discussed with property owners in the near future. The main purpose for the annex- ation is fire protection. Even though water is not readily available for fire fighting, the 500 gallon pumper will serve the area better than no protection at all. Mr . Brunton further explained that fire equipment from surrounding communities under our mutual aid contracts will be called upon to respond to fire calls in areas without water. If, at a later date, water utilities are not constructed, the purchase of additional pumpers will be necessary. The Corporation Counsel then explained that there is no legal requirement to notify property owners as the City has the right to annex surrounded parcels under sixty acres. As a matter of course, however, the City has done its best to notify all persons con- cerned as a matter of courtesy. Mr . Abbott stated that it is difficult and would take hours to search out owners of each parcel through County records. Mr. Fox then questioned services available and Mr . Brunton suggested he meet with the City Engineer to review these matters . Councilman Landis preferred to table the proposed annexation for two weeks since the owner was not notified. He moved to table and Councilman Bruneman seconded the motion. Yeas: Councilmen Bruneman, Doxey, Landis, Pearsaul and Tillery. Nays: Councilman Santanni and Mayor Rauschenberger . All Ordinance Passed Annexing the Commonwealth Edison Company Councilman Tillery made a motion, seconded by Councilman Santanni to pass the afore- mentioned ordinance. Yeas: Councilmen Bruneman, Doxey, Landis, Pearsaul, Santanni, Tillery and Mayor Rauschenberger. Nays: None.