G34-98 Ordinance No. G34-98
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR AN UPPER FLOOR APARTMENT
( 17 North Grove Avenue)
WHEREAS, written application has been made for a CC2
Center City District conditional use for an upper floor
apartment at 17 North Grove 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.
pow Section 2 . That a conditional use for an upper floor
apartment at 17 North Grove Avenue and legally described as
follows :
THAT PART OF LOT 2 IN BLOCK 19 OF THE ORIGINAL
TOWN OF ELGIN ON THE EAST SIDE OF THE FOX RIVER
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST
CORNER OF SAID LOT 2; THENCE NORTHWESTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF 22 . 0
FEET FOR THE POINT OF BEGINNING (SAID SOUTHWESTERLY
LINE ALSO BEING THE NORTHEASTERLY LINE OF GROVE
STREET) ; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE 66 . 0 FEET TO THE SOUTHWESTERLY
LINE OF A 12 FOOT ALLEY; THENCE NORTHWESTERLY ALONG
SAID SOUTHWESTERLY LINE 96 . 88 FEET TO THE NORTH LINE
OF SAID LOT 2 (ALSO BEING THE SOUTH LINE OF HIGHLAND
AVENUE) ; THENCE WEST ALONG THE NORTH LINE OF SAID LOT
2 79 . 25 FEET TO THE NORTH WEST CORNER THEREOF; THENCE
SOUTHEASTERLY ALONG THE AFORESAID SOUTHWESTERLY LINE
OF LOT 2 , A DISTANCE OF 140 . 75 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 . Substantial conformance to the Statement of
Purpose and Conformance prepared by Jerry L.
Goldstein, dated February 23, 1998 with a Floor Plan
prepared by John W. Roberson, dated January 3, 1998 .
2 . The property owner shall provide written
notification advising prospective tenants of the
permitted uses and the conditional uses allowed in
the CC2 Center City District prior to the execution
of a lease agreement.
3 . 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.
A`/11
Kevin Kelly, Ma
Presented: April 22, 1998
'M'► Passed: April 22, 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: April 23, 1998
Published:
Attest :
I' %Do onna Mecum, Ci y Clerk
tow
March 11, 1998
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 19-98 Requesting a Conditional Use for
an Upper Floor Apartment in CC2 Center City District; Property
located at 17 North Grove Avenue by Jerry and Rose Goldstein, as
Applicants and Owners.
BACKGROUND
An application has been filed by Jerry and Rose Goldstein,
requesting a conditional use for an upper floor apartment in the
CC2 Center City District. The subject property is located at 17
North Grove Avenue.
The applicant proposes to renovate the second floor of the
subject property for an efficiency apartment.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision
Hearing Board held a public hearing in consideration of Petition
19-98 on March 11, 1998. 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 March 8, 1998 .
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 zoning district with
respect to its size; shape; significant natural features
including topography, watercourses and vegetation; and
existing improvements .
Findings. The subject property is comprised of
approximately 1,452 square feet of land. The property is
improved with a two story commercial building.
Exhibit A
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 19-98 March 11, 1998
B. Sewer and Water Standard. The suitability of the subject
property for the intended zoning district with respect to
the availability of adequate municipal water, wastewater
treatment and stormwater control facilities .
Findings. The subject property is served with sanitary
sewer and municipal water 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.
Findings. The subject property is located on North grove
Avenue. North Grove Avenue is a local street serving center
city businesses .
Off street parking is to be provided in conformance to the
Off Street Parking Ordinance.
D. Zoning History Standard. The suitability of the subject
property for the intended conditional use with respect to
the zoning history of the property.
Findings. The subject property was zoned as follows for the
years listed:
1927 F Commercial District
1950 E Commercial District
1962 B-2 Central Business District
1992 B-2 Central Business District
Present CC2 Center City District
E. Surrounding Land use and Zoning Standard. The suitability
of the subject property for the intended conditional use
with respect to consistency and compatibility with
surrounding land use and zoning.
Findings. The subject property is located within the CC2
Center City District, which is developed with various
service, retail, and entertainment uses
Page 2
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET19 . 98
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 19-98 March 11, 1998
F. Trend of Development Standard. The suitability of the
subject property for the intended conditional use with
respect to consistency with an existing pattern of
development or an identifiable trend of development in the
area.
Findings. The subject property is located with the
traditional downtown, which continues with a trend of
revitalization.
G. Zoning Districts Standard. The suitability of the subject
property for the intended conditional use with respect to
conformance to the provisions for the purpose and intent,
and the location and size of a zoning district.
Findings. The purpose of the CC2 Center City District is to
facilitate the implementation of the official comprehensive
plan for the center city, as focused on a distinct subarea
of the city with a common urban fabric.
The CC2 Center City District should be located in
conformance to the official comprehensive plan for the
center city. No additional CC2 zoning district shall be
mapped subsequent to the effective date of this title,
unless such property to be mapped adjoins an existing CC2
zoning district. There shall be no maximum or minimum area
of land, which shall be necessary to constitute the CC2
Center City District.
H. Comprehensive Plan Standard. The suitability of the subject
property for the intended conditional use with respect to
conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is designated as a "downtown
commercial center" by the Official Comprehensive Plan of
Elgin.
I. 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.
Page 3
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET19 .98
FINDINGS OF FACT Zoning and Subdivision Hearing Board
Petition 19-98 March 11, 1998
Finding. The proposed conditional use for an upper floor
apartment will located, designed, and operated so as to
promote the purpose and intent of this title and chapter
because of the conditions to be imposed on the conditional
use.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval
of Petition 19-98. On a motion to recommend the approval of
Petition 19-98, subject to the following conditions, the vote was
five (5) yes and zero (0) no:
1 . Substantial conformance to the Statement of Purpose and
Conformance prepared by Jerry L. Goldstein, dated
February 23, 1998 with a Floor Plan prepared by John W.
Roberson, dated January 3, 1998.
2 . Compliance with all other applicable codes and
ordinances .
Therefore, the motion to recommend the approval of Petition 19-98
was adopted.
Ralph Tiberi, Chairman
Zoning and Subdivision Hearing Board
Jerry Deering, Secretary
Zoning and Subdivision Hearing Board
rik
Page 4
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET19 . 98