G36-98 Ordinance No. G36-98
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A MOTOR VEHICLE REPAIR SHOP
( 1170 North McLean Boulevard)
WHEREAS, written application has been made for an AB Area
Business District conditional use for a motor vehicle repair
shop at 1170 North McLean Boulevard; 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.
few Section 2 . That a conditional use for a motor vehicle
repair shop at 1170 North McLean Boulevard and legally
described as follows :
THE NORTHERLY 141 FEET OF LOT 2 OF COMMERCE
CENTER SUBDIVISION, BEING A SUBDIVISION IN PART OF
THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, 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 Peter C. Bazos,
Esq. , and to the referenced development plans :
A. Development Plan prepared by JAS
Associates, Inc. , dated December 11 , 1997 .
B. Landscape Plan prepared by George Kay &
Associates ,undated.
2 . Compliance with all other applicable codes
and ordinances .
elk
�„� 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, Ma
Presented: April 22, 1998
Passed: April 22 , 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: April 23, 1998
Published:
Attest :
Dolonna Mecum, City Clerk
elk
April 1, 1998
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 22-98 Requesting a Conditional Use for
a Motor Vehicle Repair Shop in the AB, Area Business District;
Property located at 1170 North McClean Boulevard, by Richard L.
Kotera, as Applicant and Owner.
BACKGROUND
An application has been filed by Richard L Kotera requesting a
conditional use for a motor vehicle repair shop in the AB Area
Business District. The subject property is located at 1170
North McLean Boulevard.
e"' The applicant proposes to develop the subject property with a
Casey Muffler and Brake Shop.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision
Hearing Board held a public hearing in consideration of Petition
22-98 on March 18, 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 11, 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 49,947
square feet of land. The property is currently unimproved.
B. Sewer and Water Standard. The suitability of the subject
property for the intended zoning district with respect to
Exhibit A
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET22 .98
tok the availability of adequate municipal water, wastewater
treatment and stormwater control facilities .
Findings. The subject property can be 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 McLean
Boulevard. North McLean Boulevard functions as an arterial
street.
The development plan provides 24 off-street parking spaces .
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:
1966 M-1 Limited Manufacturing District
1992 B-3 Service Business District
Present AB Area Business District
The subject property is a conforming zoning lot.
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 areas located to the north, south and east of
the subject property are zoned AB Area Business District.
These areas are developing with commercial service and
retail uses .
The area located to the west of the subject property is
zoned GI General Industrial District. The area is developed
with a light industrial park.
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 within a
developing commercial area.
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET22 .98
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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 AB Area Business District is
to provide commodities and services to several
neighborhoods, and in some instances to a community wide or
regional supporting population.
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 "area
business 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.
Finding. The Planning Department does not make findings
regarding the location, design, and operation of a proposed
conditional use.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval
of Petition 22-98 . On a motion to recommend the approval of
Petition 22-98, 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 Peter C. Bazos, Esq. , and to the
referenced development plans (revised pursuant to review
comments by the Department of Code Administration,
Engineering Department, Planning Department, and Water
Department)
2 . Compliance with all applicable codes and ordinances .
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N. 98/PET22 . 98
Therefore, the motion to recommend the approval of Petition
22-98 was adopted.
-r=2116.•
Ralph Tiberi, Chairman
Zoning and Subdivision Hearing Board
Tom Armstrong, Secretary
Zoning and Subdivision Hearing Board
FINDINGS/PZTEXT/3000DV.SV/3200PD.PC/3220CN.US/322000N.98/PET22 .98