G4-95 Ordinance No. G4-95
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR MOTOR VEHICLE REPAIR
AT 565 NORTH STATE STREET
WHEREAS, written application has been made for a CI
Commercial Industrial District conditional use for motor
vehicle repair at 565 North 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
and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for motor vehicle
repair at 565 North State Street and legally described as
follows :
THAT PART OF THE SOUTHWEST QUARTER OF SECTION
11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING ON THE WEST BANK OF FOX RIVER 9 . 30 CHAINS
NORTH OF THE CORNER ESTABLISHED BY JAMES TODD AND
CHARLES KIMBALL; THENCE SOUTH 78 DEGREES 30 MINUTES
WEST TO THE EASTERLY LINE OF NORTH STATE STREET AS
ORIGINALLY LOCATED; THENCE NORTHWESTERLY ALONG
EASTERLY LINE 297 FEET; THENCE NORTH 78 DEGREES 30
MINUTES EAST 89 . 60 FEET TO THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILROAD COMPANY FOR THE POINT OF BEGINNING;
THENCE SOUTH 78 DEGREES 30 MINUTES WEST 83. 10 FEET
TO THE EASTERLY LINE OF NORTH STATE STREET AS NOW
LOCATED; THENCE SOUTHEASTERLY ALONG SAID EASTERLY
LINE 84 FEET; THENCE NORTHEASTERLY ALONG A LINE
FORMING AN ANGLE OF 93 DEGREES 13 MINUTES MEASURED
FROM NORTH TO EAST WITH THE LAST DESCRIBED LINE
80 . 10 FEET TO THE WESTERLY LINE OF SAID RAILROAD
RIGHT OF WAY; THENCE NORTHWESTERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE 83 . 95 FEET TO THE POINT
OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
•
be and is hereby granted subject to the following conditions :
1 . The motor vehicle repair business shall be
limited to "wholesale auto repair" and shall
otherwise operate in conformance with the
petitioners statement prepared by Wayne Smith, dated
May 5, 1994 . No outside storage of motor vehicles
being repaired, motor vehicle parts, or accessories
shall be allowed.
2 . No changes in occupancy shall be allowed
unless the off-street parking calculations for the
use, based on floor area and/or employment, equal
three or less .
3 . Construction of the following additional
structures shall be allowed without further
amendment to the conditional use, provided that said
structures do not result in an increase in floor
area or building coverage, and provided that said
structures do not further limit the ability to park
within the existing driveway:
-- off-street loading facilities;
-- off-street parking facilities;
-- signs;
-- obstructions in yards, generally.
4 . Remove all gravel areas and restore with
seed or sod or another suitable groundcover, and
secure so that these areas cannot be used for motor
vehicle parking.
5. Install a guardrail along the southerly
property line in substantial conformance with the
site plan attached in a letter from the Planning
Department to Mike Flory, dated August 24, 1994 .
6 . 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.
// / , /
GeorgeVanDeVoorde, Mayor
•
September 21, 1994
FINDINGS OF FACT
ZONING AND SUBDIVISION HEARING BOARD -
CITY OF ELGIN
I . SUBJECT
Consideration of Petition 30-94 Requesting a CI Commercial
Industrial District Conditional Use for Motor Vehicle
Repair, and Requesting a Variation of Section 19 .45 . 060 of
the Elgin Municipal Code Pursuant to Section 19 .45.240(B) to
Permit the Reduction of the Required Number of Off-street
Parking Spaces; Property Located at 565 North State Street;
by Wayne Smith, as Applicant, and Mike Flory, as Owner.
II . CONSIDERATIONS
A petition has been filed by Wayne Smith requesting CI
Commercial Industrial District conditional use approval for
a motor vehicle repair business, and requesting a variation
to reduce the required number of off-street parking spaces .
The subject property is located at 565 North State Street.
The petitioner desires to establish a motor vehicle repair
business at the subject property. The business would be
conducted as a wholesale operation.
There is room on the subject property to accomodate
approximately three off-street parking spaces within the
driveway accessing the overhead doors to the building.
There is no room on the property to construct a conforming
off-street parking lot.
The metal stamping business occupying a portion of the
building and the proposed motor vehicle repair business
require a total of eleven off-street parking spaces (one for
the metal stamping business and ten for the motor vehicle
repair business) . Accordingly, an eight space (66%)
variation is required to accomodate the parking requirements
for both businesses .
eft. Exhibit A
Page 1
FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D
. .
r
Presented: January 25, 1995
Passed: January 25, 1995
Omnibus Vote: Yeas 7 Nays 0
Recorded: January 26, 1995
Published:
Attest:
II % c!} A -7--
Dolonna Mecum, Cit Clerk
III . FINDINGS
After due notice, as required by law, the Zoning and
Subdivision Hearing Board held a public hearing on Petition
30-94 on August, 17 and on September 7 , 1994 . The
petitioner testified at the public hearing. A neighboring
property owner expressed concerns regarding damage to his
property from vehicles accessing the subject property and
from water resulting from snow melt.
A Petition Review, dated August 9, 1994 and a Memorandum,
dated August 26, 1994 were submitted by the Planning
Department, which neither recommended approval nor denial of
Petition 30-94 . This Petition Review and Memorandum, along
with the exhibits attached thereto, and the written
transcription of the proceedings of the public hearing, are
attached hereto and made a part hereof.
The Zoning and Subdivision Hearing Board made the following
findings with respect to Petition 30-94 :
A. Site Characteristics
The subject property contains approximately 6,850
square feet. The property is improved with a 3,969
square foot building, with a paved driveway accessing
North State Street.
B. Sewer and Water
The subject property is improved with muncipal sewer
and water systems . Storm water drains over land to the
Fox River.
C. Traffic and Parking
The subject property fronts along North State Street
( Illinois State Route 31) . North State Street
functions as an arterial street serving Elgin and other
communities in the northern Fox Valley area. There is
insufficient data available to estimate the number of
vehicle trips generated by the proposed motor vehicle
repair business .
There is room to accomodate approximately three
vehicles in the driveway serving the subject property
and still allow access to the building. A total of
eleven off-street parking spaces are required to serve
the existing manufacturing use and the proposed motor
vehicle repair use, collectively.
f
Page 2
FOF30 .94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S .HBD/FOF.F&D
D. Zoning History
1927 H-Ind. 1962 M-1
1950 G-Ind. 1992 CI
1960 G-Ind. Present CI
E. Zoning Status
The existing building was completed in 1962, pursuant
to permits issued in 1961 . At the time, there were no
off-street parking requirements in effect. The
existing improvements are lawful nonconforming with
respect to current ordinance requirements regulating
site design. The property may be occupied with any use
allowed in the CI District, subject to compliance with
all applicable codes and ordinances.
F. Surrounding Land Use and Zoning
The areas located to the north and south of the subject
property are zoned CI Commercial Industrial District.
These areas are developed with a variety of commercial
service, industrial, and retail uses .
The area located to the west of the subject property is
zoned GI General Industrial District. North State
Street is located to the immediate west of the subject
property. A rail line and industrial uses are located
to the west of State Street.
The area located to the east of the subject property is
zoned CF Community Facility District. Rail lines are
located between the subject property and the Fox River.
G. Trend of Development
The properties fronting along North State Street have
developed with a mixed use pattern of development,
including commercial service, industrial, and retail
uses . In general, this land use pattern was
established prior to the adoption of regulations
requiring purity of zoning.
H. Comprehensive Plan
The area in which the subject property is located is
designated "transportation corridor" .
Page 3
FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D
IV. RECOMMENDATION
On a motion to recommend approval of Petition 30-94 ,
subject to the following conditions :
1 . The motor vehicle repair business shall be limited to
"wholesale auto repair" and shall otherwise operate in
conformance with the petitioners statement prepared by
Wayne Smith, dated May 5, 1994 . No outside storage of
motor vehicles being repaired, motor vehicle parts, or
accessories shall be allowed.
2 . No changes in occupancy shall be allowed unless the
off-street parking calculations for the use(s) , based
on floor area and/or employment, equal three or less .
3 . Construction of the following additional structures
shall be allowed without further amendment to the
conditional use, provided that said structures do not
result in an increase in floor area or building
coverage, and provided that said structures do not
further limit the ability to park within the existing
driveway:
- off-street loading facilities
- off-street parking facilities
- signs
- obstructions in yards, generally
4 . Remove all gravel areas and restore with seed or sod or
another suitable groundcover, and secure so that these
areas cannot be used for motor vehicle parking.
5 . Install a guardrail along the southerly property line
in substantial conformance with the site plan attached
in a letter from the Planning Department to Mr. Mike
Flory, dated August 24, 1994 .
6 . Compliance with all other applicable codes and
ordinances .
the vote was six yes and zero no.
Therefore, the motion to recommend approval of Petition
30-94 was adopted.
Page 4
FOF30.94/PZTEXT/2000AD.TS/2100BRD.COM/2120Z&S.HBD/FOF.F&D
Denise Harding HoptIns, Chair -MU.
Zoning and Subdivision Hearing Board
Thomas J. A trong, Secreta
Zoning and Subdivision Hearing Board
raw
e"
Page 5
FOF30 . 94/PZTEXT/2000AD.TS/2100BRD.COM/21202&S .HBD/FOF.F&D