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G36-85 Ordinance No. G36-85 AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 228 NORTH STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of a church at 228 North Street; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That the City Council of the City of Elgin hereby adopts the findings of fact made by the Elgin Land Use Committee, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a special use for a church at 228 North Street, Elgin, Illinois, legally described as follows: Parcel One That part of Lot 9 of J. P. Kimball Jr's. Second Addition to Elgin, described as follows: Beginning at a point in the West line of Center Street 109 feet North of the North line of North Street; thence West parallel with the North line of North Street, 66 feet; thence North parallel with the West line of Center Street 63 3/4 feet to the South line of the premises conveyed to John and Josephine Perly by deed dated June 10, 1914 and recorded June 11, 1914 as Document 140121 in Book 574, Page 256; thence East along the South line of said premises, 66 feet to the West line of Center Street; thence South along the West line of said street 63 3/4 feet to the point of beginning; and Parcel Two The South 109 feet of the East 66 feet of Lot 9 of P. J. Kimball Jr's. Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Parking lot shall be improved with a screening hedge. 2. Compliance with all other applicable city codes and ordinances. rik E Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tern Presented: May 28, 1 985 Passed: May 28, 1985 Vote: Yeas 4 Nays 0 Recorded: Published: Attest: 5/ Nancy Roll Nancy Roll, Acting City Clerk r May 6, 1985 FINDINGS OF FACT • LAND USE COMMITTEE PLANNING AND LAND USE COMMISSION CITY OF ELGIN I. SUBJECT Consideration of Petition 18-85 Requesting a B-3 Service Business District Special Use for a Church, property located at 228 North Street by Mr. Elvin Wooley. II . CONSIDERATIONS A petition has been filed by Mr. Elvin Wooley that requests a B-3 special use for a church. The property is located at 228 North Street . The petitioner is the owner of the subject property. He intends to sell or lease the property to the New Beginnings Christian Fellowship Church. III . FINDING AND RECOMMENDATION After due notice as required by law, the Land Use Committee held a public hearing on the proposed special use for a church on April 15, 1985. The petitioner appeared at the hearing and presented documentary evidence. No objectors appeared at the hearing, and no written objection has been filed to the proposed special use. The Land Use Committee has made the following findings with respect to the requested special use: A. Site Characteristics: The subject property is approximately 7, 200 square feet. The property is improved with a two story frame structure and off-street parking facilities. The structure is divided for a residential use on the second floor. B. Zoning History : 1927 E-Comm. . 1960 E-Comm. 1962 B-3 1950 D-Comm. 1961 E-Comm. Present B-3 C. Surrounding Land Use and Zoning: The subject property is located well within a B-3 district. Surrounding land uses include lawful nonconforming residences, automobile service and repair, a contractor 's shop and accessory -Page 1- Exhibit A I • storage buildings for Ace Hardware. for- D. Public Convenience: The church is acceptable for the public convenience at the proposed location in that the conversion of the unused premises is to a use compatible with surrounding land uses, and in that the subject property has safe and efficient off-street parking for six vehicles. E. Public Health, Safety and Welfare: The church will be so designed , located and operated that the public health, safety and welfare will be protected because of the specific conditions to be imposed on the special use and in that these conditions promote the use of the subject property in a manner compatible with surrounding properties. F. Value of Other Property: The church will not cause substantial injury to the value of other property in the area in which it is located because of the specific conditions to be imposed on the special use. G. Additional Conditions : The Land use Committee is of the opinion that special use approval should be subject to the following conditions: 1 . Parking lot shall be improved with a screening hedge. 2. Compliance with all other applicable city codes and ordinances. Accordingly, on a motion to recommend approval of Petition 18-85, subject to the additional conditions, the vote was five (5) yes and zero (0) no. Therefore, the Land Use Committee recommends approval of Petition 18-85. 11, . Roy A.40;ell, Chairman Land Use Committee Planning and Land Use Commission ‘' I Ct .Z.-MAAAAA d.ld T. Deering, Secr ary d Use Commission Planning and Land Use Commission el"--- -Page 2-