G3-97 •
Ordinance No. G3-97
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT
( 168 East Highland Avenue)
WHEREAS, written application has been made for a CC1
Center City District conditional use for a planned development
for residential/commercial mixed use at 168 East Highland
Avenue; 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 a planned
development for residential/commercial mixed use at 168 East
Highland Avenue and legally described as follows :
PARCEL ONE
LOT 2 , LOT 3 (EXCEPT THE WEST 30 . 5 FEET OF THE
SOUTH 50 FEET THEREOF) , AND THAT PART OF LOTS 4 AND
5 LYING EASTERLY OF THE CHICAGO AND NORTHWESTERN
RAILWAY RIGHT OF WAY (EXCEPT THAT PART DESCRIBED AS
FOLLOWS : COMMENCING AT THE INTERSECTION OF THE SOUTH
LINE OF SAID LOT 4 WITH THE EASTERLY LINE OF THE
RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY
COMPANY; THENCE EAST ON SAID LINE SOUTH 11 1/2 FEET;
THENCE NORTH ON THE EAST LINE OF SAID LOT 4, 75 1/2
FEET TO THE SOUTHERLY LINE OF THE VEEDER LOT; THENCE
WESTERLY ALONG SAID SOUTHERLY LINE TO THE EASTERLY
LINE OF AFORESAID RIGHT OF WAY; THENCE SOUTHEASTERLY
ALONG THE EASTERLY LINE OF SAID RIGHT OF WAY TO THE
POINT OF BEGINNING) , IN BLOCK 17 OF THE ORIGINAL
TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER, IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL TWO
THAT PART OF LOT 4 IN BLOCK 17 OF THE ORIGINAL
TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER
DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF
SAID LOT 4 AT A POINT FIFTY FEET NORTH OF THE
SOUTHEAST CORNER OF SAID LOT 4 , THENCE WEST ABOUT
TWENTY TWO INCHES TO THE CENTER LINE OF A STONE WALL
FORMING THE BASEMENT WALL OF STICKLING' S BUILDING ON
SAID LOT 4 , THENCE NORTHWARD ALONG SAID CENTER LINE
OF THE WALL ABOUT TWENTY FIVE FEET TO THE CENTER
LINE OF THE NORTH WALL OF SAID BUILDING, THENCE EAST
ABOUT TWENTY FOUR INCHES TO SAID EAST LINE OF LOT 4 ,
THENCE SOUTH ALONG SAID LINE ABOUT TWENTY FIVE FEET
TO THE PLACE OF BEGINNING, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS .
PARCEL THREE
THE WEST 30 . 5 FEET OF THE SOUTH 50 FEET OF LOT
3 AND THAT PART OF LOT 4 IN BLOCK 17 OF THE ORIGINAL
TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX RIVER,
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION
OF THE SOUTH LINE OF SAID LOT WITH THE EASTERLY LINE
". OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN
RAILWAY COMPANY; THENCE EAST ON SAID SOUTH LINE 11
1/2 FEET; THENCE NORTH ON THE EAST LINE OF SAID LOT
4 , 75 1/2 FEET TO THE SOUTHERLY LINE OF THE VEEDER
LOT; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO
THE EASTERLY LINE OF AFORESAID RIGHT OF WAY; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID RIGHT
OF WAY TO THE POINT OF BEGINNING, (EXCEPTING
THEREFROM THAT PART OF LOT 4 DESCRIBED IN A DEED TO
WILLIAM D. ACKEMANN DATED AUGUST 11, 1908 AND
RECORDED AUGUST 14 , 1908 IN BOOK 496, PAGE 166 AS
DOCUMENT 97657 ) , IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance with the
Petitioner' s Statement and Residential Use Floor
Plans .
2 . 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.
- . w
Section 4 . That this ordinance shall be in full force
and effect immediately after its passage in the manner
provided by law.
Kevin Kelly, Mayo
Presented: January 22 , 1997
Passed: January 22 , 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded: January 23, 1997
Published:
Attest:
Do onna Mecum, City Clerk
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December 18, 1996
CONDITIONAL USE
FINDINGS AND RECOMMENDATION
Planning Department City of Elgin, Illinois
SUBJECT
Consideration of Petition 66-96 Requesting Conditional Use
Approval for a Planned Development; Property Located at 168 East
Highland Avenue; by Kurt Kresmery, as Applicant and Owner.
CONSIDERATIONS
An application has been filed by Mr. Kurt Kresmery requesting
conditional use approval for a planned development in the CC1
Center City District. The subject property is located at 168
East Highland Avenue.
The applicant proposes to develop the southeast portion of the
building with his personal residence. The dwelling unit would
occupy the basement, first, and second floors of that portion of
the building. The applicant further proposes to develop two
upper floor apartments in an adjoining portion of the building.
The remainder of the building is proposed to be marketed for
occupancy by retail and office uses .
FINDINGS
After due notice as required by law, the Zoning and Subdivision
Hearing Board held a public hearing to consider Petition 66-96
on December 4 , 1996 . The applicant testified at the hearing and
presented documentary evidence in support of the application.
No objectors appeared at the hearing. The Planning Department
has submitted a Conditional Use Review, dated November 26 , 1996 .
The Zoning and Subdivision Hearing Board has made the following
findings concerning the subject property:
A. Site Characteristics. The subject property contains
approximately 22 ,000 square feet. The property is improved
with a series of interconnected three-story buildings .
B. Sewer and Water. The property is served with municipal
sewer and water systems .
Exhibit A
FOF66 . 96/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET66 . 96
C. Traffic and Parking. The subject property has street
frontage on East Highland Avenue and Division Street. East
Highland Avenue functions as an arterial street between
Center Street and State Street ( IL Route 31) . Division
Street functions as a local street in the Center City.
Off-street parking is accomodated in the public parking lots
in the Center City.
D. Zoning History. The subject property was zoned as follows
during the years listed:
1928 "F" Commercial District
1950 "E" Commercial District
1960 "E" Commercial District
1961 "E" Commercial District
1962 B-2 Central Business District
1992 B-2 Central Business District
Present CC1 Center City District
The subject property is in conformance with the site design
standards in the CC1 Center City District, and is being
marketed for occupancy with uses allowed in that district.
E. Surrounding Land Use and Zoning. The subject property is
located within an area zoned CC1 Center City District. The
surrounding area is developed with a variety of commercial
service, office, and retail uses .
F. Trend of Development. The subject property is located in a
mature, "downtown" business district .
G. Comprehensive Plan. The subject property is designated as
"downtown commercial center" by the Official Comprehensive
Plan for Elgin.
RECOMMENDATION
On a motion to recommend approval of Petition 66-96 subject to
the following conditions, the vote was four ( 4 ) yes and zero ( 0)
no:
1 . Substantial conformance with the Petitioner' s Statement and
Residential Use Floor Plans .
2 . Compliance with all other applicable codes and ordinances .
Therefore, the motion to recommend approval of Petition 66-96
was adopted.
FOF66 . 96/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET66 . 96
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Claude Hamlin, Chairman Tro Tem
Zoning and Subdivision Hearing Board
Tom Armstrong, Secret
Zoning and Subdivision Hearing Board
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