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G53-80 Ordinance No. G53-80 AN ORDINANCE RECLASSIFYING PROPERTY AT 432 DUNDEE AVENUE FROM B-1 TO B-3 AND GRANTING A SPECIAL USE FOR A MOTOR VEHICLE BODY REPAIR AND PAINTING SHOP WHEREAS, written application has been made for the reclassifying of certain property located in the City of Elgin and commonly known as 432 Dundee Avenue, Elgin, Illinois, from B-1, Community Business District, to B-3, Service Business District, with a special use for a motor vehicle body repair and painting shop; and WHEREAS, the Land Use Committee conducted a public hearing on said application following due notice as required by law; and WHEREAS, the Land Use Committee has recommended approval of the application; and WHEREAS, the City Council concurs in 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 Section 19.08.020 of Chapter 19.08 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map' , as amended, be and are hereby altered by excluding from B-1, Community Business District, and includ- ing in B-3, Service Business District, the following described property: Lot 3 of H. Wilcox's 2nd Addition, in the Southwest Quarter of Section 12 in the City of Elgin, Kane County, Illinois." commonly known as 432 Dundee Avenue, Elgin, Illinois. Section 2. That the City Council hereby finds and determines that the proposed special use for a motor vehicle repair and painting shop at 432 Dundee Avenue, Elgin, Illinois, is deemed necessary for the public convenience in providing motorists with full automobile services; The City Council further finds that the proposed special use upon the conditions hereinafter set forth is so designed, located and proposed to be operated so that the public health, safety and welfare will be protected; The City Council further finds that the proposed special use will not cause substantial injury to the property or to the property in the neighborhood in which it is located in that the property has been used in a similar manner and that appropriate conditions will be placed upon the special use to protect surrounding properties. Section 3. That a special use is hereby granted to Harry Thiel of the Dundee Avenue Auto Body Rebuilders to operate a motor vehicle body repair and painting shop at 432 Dundee Avenue, Elgin, Illinois, subject to the following conditions: 1. Planting of a tree and screening hedge in each of two existing eight foot parking lot setbacks. 2. Conformance with all other applicable codes and ordinances. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Herbert Hill Herbert Hill , Mayor Pro Tern Presented: August 13, 1980 Passed: August 13 , 1980 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk