G23-98 Ordinance No. G23-98
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AN ORDINANCE
GRANTING A CONDITIONAL USE FOR
AN UPPER FLOOR APARTMENT DWELLING
( 15 North State Street)
WHEREAS, written application has been made for a CC1
Center City District conditional use for an upper floor
apartment dwelling at 15 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
e► and made a part hereof by reference as Exhibit A.
Section 2 . That a conditional use for an upper floor
apartment dwelling at 15 North State Street and legally
described as follows :
THE SOUTHERLY 22 FEET OF THE NORTHERLY 44 FEET
OF THE WESTERLY 60 FEET OF LOT 3 IN BLOCK 23 OF THE
ORIGINAL TOWN OF ELGIN, ON THE WEST SIDE OF THE
RIVER, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
be and is hereby granted subject to the following conditions :
1 . The conditional use shall be limited to a
single family dwelling unit to be located,
exclusively, on the second and third floor at the
subject property.
2 . Substantial compliance with the floor plans,
prepared by Mary C. Marre, Architect, dated
January 15, 1998 .
3 . Compliance with the Petitioner' s Statement
prepared by Mattie M. Jones, dated January 15, 1998 .
4 . Removal of all nonconforming signage.
5 . 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. /
c• //
Kevin Kelly, Mayor 0
Presented: March 25, 1998
Passed: March 25, 1998
Omnibus Vote: Yeas 5 Nays 0
Recorded: March 26 , 1998
Published:
Attest:
Dolonna Mecum, ity Clerk
February 18, 1998
FINDINGS OF FACT
ZONING AND SUBDIVISION HEARING BOARD
CITY OF ELGIN
I. SUBJECT
Petition 3-98 Requesting Conditional Use Approval for an Upper
Floor Apartment Dwelling in the CC1 Center City District;
Property Located at 15 North State Street; by Mattie M. Jones,
as Applicant and Owner.
II. CONSIDERATIONS
A petition has been filed by Mattie M. Jones requesting
conditional use approval for an upper floor apartment dwelling
in the CC1 district. The subject property is located at 15
North State Street.
The petitioner proposes to establish an apartment on the second
and third floors of the existing building. Upper floor
apartment dwellings are a conditional use in the CC1 Center
City District. Accordingly, the petitioner is seeking
conditional use approval for an upper floor apartment dwelling.
The first floor may be used as a retail, service or commercial
related use. Within the next two years, the petitioner
proposes to apply for the City' s Facade Program with plans for
exterior restoration to the east and west facades of the
building.
III. FINDINGS
After due notice, as required by law, the Zoning and
Subdivision Hearing Board held a public hearing on Petition
3-98 on February 18, 1998 . The petitioner testified at the
public hearing. Proponents of the petition did not testify at
the public hearing, and objectors to the petition did not
testify at the public hearing. Written correspondence in
support of the petition has not been submitted, and written
correspondence in objection to the petition has not been
submitted.
A Conditional Use Review, dated January 28 . 1998, was submitted
by the Planning Department, which neither recommended approval
nor denial of Petition 3-98 . This Conditional Use Review,
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.
Exhibit A
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The board has made the following findings with respect to
Petition 3-98 :
A. Site Characteristics
The subject property is developed with a three story brick
building (built lot line to lot line) . The dwelling unit
will occupy the entire second and third floors of the
building which consists of 2,640 square feet of floor
area. The first floor of the building is currently
vacant.
B. Sewer and Water
The subject property is currently served with municipal
sanitary sewer and water services . Storm water is
controlled with a storm sewer system located in North
State Street.
The proposed upper floor apartment dwelling will not
adversely impact the provision of sewer and water service
to the subject property.
C. Traffic and Parking
The subject property is located on North State Street
( Illinois Route 31) . North State Street is an arterial
street.
The proposed upper floor apartment dwelling will not
adversely impact the current traffic on North State
Street.
Off Street Parking, of the Elgin Municipal Code, requires
the provision of at least one stall per 500 square feet of
floor area, with a minimum of two stalls per dwelling
unit, not exceed four stalls per dwelling unit. However,
the Parking Calculations section, waives the requirement
of off street parking for land uses located within the CC1
Center City District.
Therefore, off street parking stalls are not required for
the subject property, and none have been provided.
D. Zoning History
1928 E Commercial
1950 E Commercial
1960 E Commercial
1961 E Commercial
1962 B-3 Service Business District
1992 B-3 Service Business District
Present CC1 Center City District
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E. Zoning Status
In 1996, a land use status determination was made by the
Zoning Officer, for the subject property. At that time,
it was determined that the land use of the subject
property was a lawful first floor commercial unit, and
vacant second floor.
City records indicated that a commercial unit and rooming
house were established at the subject property in 1939,
when it was allowable in terms of land use and in terms of
minimum lot area per dwelling unit. The use of the second
floor sleeping rooms has been abandoned since at least
December of 1994 , and may not be reestablished.
The subject property may lawfully be used for commercial,
service, or retail uses . An upper floor apartment
dwelling may only be established if a conditional use is
granted.
•
F. Surrounding Land Use and Zoning
The area located to the north, south, and west of the
subject property is zoned CC1 Center City District and is
developed with retail, service, and commercial uses .
The area located to the east of the subject property,
across the railroad tracks, is zoned CF Community Facility
District, and is developed with the Pace Bus Terminal .
G. Trend of Development
The subject property is located in the Original Town of
Elgin subdivision, one of the oldest commercial areas of
the city. The area is developed with a wide range of
uses, which include: retail, commercial, industrial,
community facilities, and residential .
H. Comprehensive Plan
The subject property is located along a transportation
corridor in the Comprehensive Plan. The subject property
is located within the State Street Corridor in the Center
City Master Plan.
IV. RECOMMENDATION
On a motion to recommend approval of Petition 3-98 , subject to
the following conditions :
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1 . The conditional use shall be limited to a single family
dwelling unit to be located, exclusively, on the second
and third floor at the subject property.
2 . Substantial compliance with the floor plans, prepared by
Mary C. Marre, Architect, dated January 15, 1998 .
3 . Compliance with the Petitioner' s Statement prepared by
Mattie M. Jones, dated January 15, 1998 .
4 . Removal of all nonconforming signage.
5 . Compliance with all other applicable codes and ordinances .
the vote was Six ( 6) yes and Zero (0) no.
Therefore, the motion to recommend approval of Petition 3-98
was adopted.
04416111eivelAA:„
Claude Hamlin, Chair Pro 6m
Zoning and Subdivision Hearing Board
J- De=Ai ng, Secret
Z• • � • and Subdivision earing Board
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