G9-97 ePw Ordinance No. G9-97
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CONDITIONAL RESIDENTIAL
OCCUPATION AT 386 EAST CHICAGO STREET
WHEREAS, written application has been made for an RC3
Residence Conservation District District conditional use for a
conditional residential occupation in an accessory building at
the two family dwelling at 386 East Chicago 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
eft 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 residential
occupation two family dwelling at 386 East Chicago Street and
legally described as follows :
THE EAST 55 FEET OF LOT 12 OF BURGESS
TRUESDELL' S ADDITION TO ELGIN, IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS .
be and is hereby granted subject to the following conditions :
1 . A minimum of six off street parking stalls
shall be provided on the subject property. For the
purpose of complying with the off street parking
requirements, the owner of the subject property
shall limit the tenants to having no more than three
motor vehicles . Compliance with the requirements
for surfacing, contained in the off street parking
ordinance.
2 . No additional buildings or building
additions are to be constructed on the subject
property.
3 . Substantial conformance to the Site Plan
for Avampato Civil Engineer, 386 East Chicago
Street, dated September 4 , 1996 .
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eft 4 . Compliance with the supplementary
regulations for conditional residential uses, as
well as 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.
Kevin Kelly, May
Presented: February 26, 1997
Passed: February 26 , 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded: February 27 , 1997
Published:
eft Attest :
5491WP•-a-
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Dolonna Mecum, City Clerk
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: ,
January 15, 1997
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 56-96 Requesting a Conditional Use for
a Conditional Residential Occupation to Permit the Establishment
of an Office for a Civil Engineer / Land Surveyor within an
Accessory Building in the RC3 Residence Conservation District;
Property located at 386 East Chicago Street by John C. Avampato,
as Applicant and Owner.
BACKGROUND
An application has been filed by John C. Avampato, requesting a
conditional use for a conditional residential occupation to
permit the establishment of an office for a civil engineer / land
surveyor within an accessory building in the RC3 Residence
Conservation District. The subject property is located at 386
East Chicago Street.
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The applicant has indicated that he has been operating a
residential occupation from the subject property since 1974 . The
applicant wants to bring_ this existing residential occupation
into conformance to the zoning ordinance.
The subject property is located within an HP Historic
Preservation District. Accordingly, the property is subject to
the provisions of Title 20 , Designation and Preservation of
Historically and Architecturally Significant Property of the
Elgin Municipal Code.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision
Hearing Board held a public hearing in consideration of Petition
56-96 on December 18, 1996 . The applicant testified at the
hearing and presented documentary evidence in support of the
application. No objectors appeared at the hearing. No written
correspondence has been submitted. The Planning Department has
submitted a Conditional Use Review, dated September 23, 1996 .
Exhibit A
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 56-96 January 15, 1997
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The Zoning and Subdivision Hearing Board has made the following
findings concerning the requested conditional use:
A. Site Characteristics Standard. The suitability of the
subject property for the intended conditional use with
respect to its size; shape; significant natural features
including topography, watercourses, and vegetation; and
existing improvements .
Finding. The subject. property is a regularly shaped lot
( 55 ' x 264 ' ) , containing 14 ,250 square feet. The
property is improved with a three story frame residential
structure containing two dwelling units and an accessory
building containing a parking garage and an office.
B. Sewer and Water Standard. The suitability of the subject
property for the intended conditional use with respect to
the availability of adequate municipal water, wastewater
treatment, and stormwater control facilities .
r Finding. The subject property is served with sanitary
sewer, municipal water, and stormwater control systems .
C. Traffic and Parking Standard. The suitability of the
subject property for the intended conditional use with
respect to the provision of safe and efficient on site
and off site vehicular circulation designed to minimize
traffic congestion.
Finding. The subject property is located on East Chicago
Street, which functions as an arterial street.
The minimum required parking for the intended uses of the
subject property is seven off street parking stalls . The
applicant has indicated space for five off street parking
stalls .
A two family dwelling is required to provide four off
street parking stalls . No conditional residential
occupation shall generate more demand for off street
parking than exists on the property on which it is
located. With one employee, one company vehicle, and one
visitor, the residential occupation would require at
least three off street parking stalls .
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Page 2
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET56 .96
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 56-96 January 15, 1997
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D. Location, Design, and Operation Standard. The
suitability of the subject property for the intended
conditional use with respect to it being located,
designed, and operated so as to promote the purpose and
intent of this title and chapter.
Finding. The recommended conditions for approval will
ensure the suitability of the subject property for the
intended conditional use with respect to it being
located, designed, and operated so as to promote the
purpose and intent of the zoning ordinance.
E. Historic Preservation Standard. The suitability of the
subject property for the intended conditional use with
respect to making possible an efficient contemporary use
of, or a compatible improvement to a property located in
a designated historic district while preserving those
portions and features of the property which are
significant to its historic, architectural, and cultural
values to a historic preservation plan and subject to the
1 provisions of Title 20 , Designation and Preservation of
Historically and Architecturally Significant Property.
Finding. The Heritage Commission reviewed the proposed
conditional use without comment.
F. Zoning History and Zoning Status - Additional Background.
The subject property was zoned as follows for the years
listed:
1927 C Residential District
1950 C Commercial District
1962 R-6 General Residence District
1992 R-4 General Residence District
Present RC3 Residence Conservation District
/HP Historic Preservation District
In terms of land use, the subject property is a
nonconforming two family dwelling.
In terms of site design, the subject property is
nonconforming with respect to floor area, accessory
building coverage, vehicle use area, a building setback,
and an accessory building setback.
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Page 3
FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET56 . 96
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 56-96 January 15, 1997
G. Surrounding Land Use and Zoning - Additional Background.
The subject property is located in a residence
conservation district, an area developed primarily with
single family dwellings, interspersed with two family and -
multiple family, some original residential use and many
conversions .
School District U-46 offices and facilities are located
south of the subject property, zoned CF Community
Facility District.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval
of Petition 56-96 . On a motion to recommend the approval of
Petition 56-96, subject to the following conditions, the vote was
seven ( 7 ) yes and zero ( 0) no:
1 . A minimum of six off street parking stalls shall be
provided on the subject property. For the purpose of
complying with the off street parking requirements, the
owner of the subject property shall limit the tenants to
having no more than three motor vehecles . Compliance
with the requirements for surfacing, contained in the
off street parking ordinance.
2 . No additional buildings or building additions are to be
constructed on the subject property.
3 . Substantial conformance to the Site Plan for Avampato
Civil Engineer, 386 East Chicago Street, dated September
4 , 1996 .
4 . Compliance with the supplementary regulations for
conditional residential uses, as well as compliance with
all other applicable codes and ordinances .
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Page 4
FINDINGS/PZTEXT/3000DV. SV/3200PD.PC/3220CN.US/322000N. 96/PET56 . 96
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 56-96 January 15, 1997
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Therefore, the motion to recommend the approval of Petition 56-96
was adopted.
C
Ralph Tiberi, Chairman
Zoning and Subdivision Hearing Board
4 .tQ4N1'1100 i(j4Aral .
Thomas J. mstrong, Secretary
Zoning and Subdivision Hearing Board
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Page 5
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 96/PET56 .96
APPLICATION FOR CONDITIONAL USE
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I I SITE PLAN
I FOR AVAMPATO CIVIL ENGINEER
e,,,, ' I 1 September 4, 1996
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S I TE PLAN •
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