G33-94 Ordinance No. G33-94
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP
AT 226 N. STATE STREET
WHEREAS, written application has been made for a CI
Commercial Industrial District conditional use for a motor
vehicle repair shop at 226 N. State Street; and
WHEREAS, the Zoning and Subdivision Hearing Board
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 Zoning and Subdivision
Hearing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That the City Council of the City of Elgin
hereby adopts the findings of fact made by the Zoning and
Subdivision Hearing Board, a copy of which is attached hereto
e"' and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for a motor vehicle
repair shop at 226 N. State Street and legally described as
follows :
PARCEL NO. 1 : LOT 9 AND THAT PART OF LOT 10
DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHEAST
CORNER OF SAID LOT; THENCE NORTHERLY ALONG THE
EASTERLY LINE THEREOF 19 FEET 4 INCHES; THENCE
SOUTHWESTERLY TO A POINT IN THE SOUTHERLY LINE OF
SAID LOT 6 FEET 6 INCHES WESTERLY OF THE SOUTHEAST
CORNER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE 6
FEET 6 INCHES TO THE POINT OF BEGINNING, IN BLOCK 25
OF W.C. KIMBALL' S SECOND ADDITION TO ELGIN, IN THE
CITY OF ELGIN, KANE COUNTY ILLINOIS.
PARCEL NO. 2 : LOT 8 AND THAT PART OF LOT 1
LYING EASTERLY OF THE RIGHT OF WAY OF THE CHICAGO
AND NORTHWESTERN RAILROAD COMPANY ALL IN BLOCK 25 OF
THE ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF THE
FOX RIVER, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
be and is hereby granted subject to the following conditions :
C 1 . Compliance with the site plan prepared by
R. Vanderheyden, Architect, dated February 15, 1994
and revised by J. Khalaf on June 2, 1994 .
/m6k 2 . Provide and maintain the required
landscaping in the vehicle use area landscape yard.
3 . The use shall be limited to a maximum of
two ( 2 ) service bays and a maximum of four (4 )
employees and minimum of ten parking stalls .
4 . Removal of sign frame from extending over
right of way.
5 . No outside storage on property.
6 . The motor vehicle repair use shall be
limited to drive shaft and axle repair.
7 . Compliance with all other applicable codes
and ordinances .
Section 3 . That the conditional use granted herein shall
expire if not established within one year from the date of
passage of this ordinance.
Section 4 . That this ordinance shall be in full force
and effect immediately after its passage in the manner
provided by law.
eft.
Geors V anDeVoorde, Mayor
Presented: July 27 , 1994
Passed: July 27 , 1994
Omnibus Vote: Yeas 7 Nays 0
Recorded: July 28, 1994
Published:
Attest:
gi4t,v42.
Do1onna Mecum, City Clerk
May 26, 1994
FINDINGS OF FACT
ZONING AND SUBDIVISION HEARING BOARD
CITY OF ELGIN
I . SUBJECT
Consideration of Petition 06-94 Requesting a Conditional Use
for a Motor Vehicle Repair Shop in the CI Commercial
Industrial District; Property Located at 226 N. State
Street; by Stephen M. Floro, as Applicant and William Cramer
as Owner.
II . CONSIDERATIONS
A petition has been filed by Stephen M. Floro requesting CI
Commercial Industrial District Conditional Use approval for
a Motor Vehicle Repair Shop. The subject property is
located at 226 N. State Street.
The petitioner proposes to operate a drive shaft and axle
repair business.
III . FINDINGS
After due notice, as required by law, the Zoning and
Subdivision Hearing Board held a public hearing on Petition
6-94 on May 18, 1994 . The petitioner and his attorney,
Richard Heimberg, testified at the public hearing.
Proponents of the petition did not testify at the public
hearing. Objectors to the petition did not testify at the
public hearing. Written correspondence in support of the
petition was not submitted. Written correspondence in
objection to the petition was not submitted.
Petition Review, dated May 13, 1994, was submitted by the
Planning Department, which neither recommended approval nor
denial of Petition 6-94 . This Petition Review, along with
the exhibits attached thereto, and the written transcription
-Page 1- Exhibit A
FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D
of the proceedings of the public hearing, are attached
hereto and made a part hereof.
The Zoning and Subdivision Hearing Board has made the
following findings with respect to Petition 6-94 :
A. Site Characteristics
The subject property contains approximately .5 acres
and is the site of the former Cramer Cleaners . It also
has accessory off-street parking and partially
landscaped open space in the rear of the property. The
property has a steep slope along Mill Street which
increases in elevation in a westerly direction. The
sign located at the southeast corner of the lot appears
to overhang in the public right of way.
B. Sewer and Water
The subject property is served with existing sewer and
water systems.
C. Traffic and Parking
The subject property's parking lot and overhead garage
door has direct access to State Street. The parking
section of the Zoning Ordinance requires two stalls per
service bay plus one per employee. The proposed motor
vehicle repair shop will include two service bays. The
petitioner has represented that the business will
employ a maximum of four persons. Based on the
petitioner's representation, a total of eight parking
spaces are required.
D. Zoning History
The subject property was zoned B-4 District prior to
being rezoned to CI Commercial Industrial District in
1992 .
E. Zoning Status
Motor vehicle repair shops are listed as a conditional
use in the CI Commercial District. There is no
existing conditional use for a motor vehicle repair
shop at this location.
-Page 2-
FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/21202&S.HBD/FOF.F&D
F. Surrounding Land Use and Zoning
The property to the north is developed with City
Ornamental Iron Works and is zoned CI Commercial
Industrial. West of the property there is a residence
and railroad tracks both of which are zoned CI
Commercial Industrial . Rohling Tires is located to the
south and is zoned CI Commercial Industrial . A park is
located to the east and is zoned CF Community Facility.
G. Trend of Development
The area in which the subject property is located is
developed with a mixture of residential, commercial,
industrial and open space uses.
H. The subject property is located along a designated
"transportation corridor" in the Comprehensive Plan.
IV. RECOMMENDATION
On a motion to approve Petition 6-94, subject to the
following conditions :
1. Revisions to the site plan prepared by R. Vanderheyden,
Architect, dated February 15, 1994, indicating
compliance with the following:
a. Replace gravel drive with sod or seeded lawn.
b. Provide a refuse container which meets the
requirements of section 19 .90.597 Refuse
Collection Area.
c. Compliance with the required landscaping in the
vehicle use area landscaping yard.
2 . The use shall be limited to a maximum of two (2)
service bays and a maximum of four (4) employees and a
minimum of ten parking stalls.
3. Remove sign frame from extending over right of way.
4 . No outside storage on property.
5. The motor vehicle repair use shall be limited to drive
shaft and axle repair.
6 . Compliance with all applicable codes and ordinances.
r
-Page 3-
FOF06 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D
/r.. the vote was five (5) yes and zero (0) no.
Therefore, the motion to approve Petition 6-94 was approved.
• .
Denise Har ing Hopkins, it
Zoning and Subdivision earing Board
Thomas J. Ar tong, Secretary
Zoning and Subdivision Hearing Board
r
r
-Page 4-
FOF06 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/F0F.F&D