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G80-78 Ordinance No, G80-78 AN ORDINANCE GRANTING A SPECIAL USE FOR AN OPEN SALES LOT AT 236 DUNDEE AVENUE WHEREAS, written application has been made for a special use to allow the use of the premises located at 236 Dundee Avenue, Elgin, Illinois, as a used car lot; and WHEREAS, after due notice as required by law the Elgin Land Use Committee conducted a public hearing and recommended approval of the application subject to certain conditions; and WHEREAS, the City Council has reviewed the transcript of the public hear- ing and the recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council hereby finds and declares that the proposed special use is necessary for the public convenience at the loca- tion to permit the ordinary expansion of the existing use on adjoining property and to replace display spaces which were located on property acquired by the City of Elgin for necessary intersection improvements; That the City Council further finds and declares that the proposed special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected because such special use will be subject to the conditions described hereafter; That the City Council further finds and declares that the proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is located as the proposed special use represents an expansion of an existing use of a similar nature. Section 2. That a special use be and is hereby granted to permit the use of the premises located at 236 Dundee Avenue, Elgin, Illinois, and legally described as follows: That part of Sub Lots "A" and "B" of E. W. Vining°s Sub- division of Lots 13, 15, 16 and 17 of P. J. Kimball Junior's Second Addition to Elgin described as follows: Commencing at the Northeast corner of said Sub Lot "A"; thence West along the North line of said Sub Lot "A", 87.2 feet for the point of begin- ning; thence West along the North line of said Sub Lots "A" and "B" 58.4 feet to a point 73.92 feet East of the Northwest corner of said Lot 17; thence South 5° West 44.22 feet to the Southwest corner of a tract of land conveyed to John Hagel by Deed dated June 1, 1871 and recorded November 23, 1871 in`Book 131, page 574; thence South 75° 15° East along the Southerly line of said Hagel tract 56.53 feet; thence Northeasterly along a line forming an angle /�► of 89° 29° measured clockwise from the last described course 21.45 [ feet; thence Northerly 36.75 feet to the point of beginning, in the City of Elgin, Kane County, illlinois. as a used car lot, subject to the following conditions: 1. That a four foot setback be maintained along the Kimball Street property line. 2. That the following improvements be made to the subject property within one year after approval of the special use: a. that the entire display area be defined with a con- crete barrier curb; b. that the entire display area be properly paved accord- ing to city standards; c. that the paved area be designed and constructed with adequate provisions for drainage control; d. that the four foot setback be seeded or sodded. 3. That prior to its use the site be cleaned up in general, and maintained, including regrading and levelling with new gravel, if necessary. 4. That failure to maintain and operate the special use herein granted in accordance with the conditions of this ordinance shall be cause for termination of the special use granted herein by the corporate authorities. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 8 1978 Passed: November 8, 1978 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk