G57-89 `1
Ordinance No. G57-89
AN ORDINANCE
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GRANTING A SPECIAL USE FOR AN OPEN SALES LOT
(1414 Dundee Avenue)
WHEREAS, written application had been made for a special use for an open sales
lot at 1414 Dundee Avenue in July, 1986; and
WHEREAS, the Land Use Committee conducted a public hearing after due notice
by publication and submitted its findings of fact and recommended approval; and
WHEREAS, on September 8, 1986, the City Council of the City of Elgin voted to
deny the application for a special use for an open sales lot; and
WHEREAS, such denial was appealed to the Circuit Court of Kane County in the
case of Gerald J. Kopanski v. City of Elgin, MR KA 87 051; and
WHEREAS, there was an order entered in the above entitled matter on April 10,
1989 remanding this matter back to the Elgin City Council ". . . for issuance of the
special use permit sought by plaintiff, subject to reasonable restrictions as to density of
vehicles, screening, lighting and other matters customarily included in such permits."
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 grants a special use
for an open sales lot at 1414 Dundee Avenue, Elgin, Illinois, legally described as follows:
The East 40.0 feet of Lot 11 and Lot 12 (EXCEPT the Easterly 10.33
feet of said Lot 12, as measured along the North and South lines of said
Lot 12) in Block I of Trout Park River Bluff Addition to Elgin, being a
subdivision of part of Section I, Township 41 North, Range 8 East of the
Third Principal Meridian, in the City of Elgin, Kane County, Illinois.
Section 2. That the special use is granted subject to the following conditions:
I. Submittal of a site plan showing the following:
A. Removal of the approach on Dundee Avenue.
B. Compliance with Chapter 19.44, "Off Street Parking".
C. The number of freestanding signs on the property is to be
limited to one, a maximum of 22 feet in height and 80 square feet in
surface area.
2. The subject property shall not be used for other outside sales
activity, including vegetable stands and Christmas tree sales.
3. No motor vehicle repair or servicing is to be performed on the
premises. Motor vehicle detailing/preparation for resale is permitted.
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4. No vehicle shall be parked upon the public right of way.
5. This special use permit is granted to Mr. Gerald Kopanski, d/b/a
Transportation Unlimited and may not be transferred, sold or utilized by
any other person or entity without the prior approval of the City Council of
the City of Elgin.
6. Compliance with all other applicable codes and ordinances.
Section 3. That this ordinance shall be in full force and effect from and after its
passage in the manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 28, 1989
Passed: June 28 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
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s/ Marie Yearman
Marie Yearman, City Clerk
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