G76-01 emk Ordinance No. G76-01
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A
DRINKING PLACE, OUTDOOR EATING AND DRINKING FACILITY,
PACKAGE LIQUOR SALES ESTABLISHMENT, AND A CIGAR STORE IN
ASSOCIATION WITH AN EATING PLACE
(11-15 DOUGLAS AVENUE)
WHEREAS, written application has been made for a conditional
use for a drinking place, outdoor eating and drinking facility,
package liquor sales establishment, and a cigar store in
association with an eating place in the CC1 Center City District at
11-15 Douglas 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 drinking place,
outdoor eating and drinking facility, package liquor sales
establishment, and a cigar store in association with an eating
place in the CC1 Center City District at 11-15 Douglas Avenue and
legally described as follows :
PARCEL ONE: THAT PART OF LOTS 3 , 4 AND 5 IN BLOCK 16 OF
THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX
RIVER, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST
CORNER OF SAID LOT 5; THENCE NORTH ALONG THE WEST LINE OF
SAID LOT 5, 22 FEET; THENCE EAST PARALLEL WITH THE SOUTH
LINE OF LOTS 5, 4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE
OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE
SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE
SOUTH LINE OF SAID LOT 3 ; THENCE WEST ALONG THE SOUTH
LINE OF SAID LOTS 3 , 4 AND 5 TO THE POINT OF BEGINNING IN
eok THE CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL TWO: THAT PART OF LOTS 3, 4 AND 5 IN BLOCK 16 OF
THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF THE FOX
RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST
CORNER OF SAID LOT 5 ; THENCE NORTH ALONG THE WEST LINE OF
SAID LOT 5, 22 FEET FOR THE POINT OF BEGINNING; THENCE
NORTH ALONG THE WEST LINE OF SAID LOT 5, 21 . 5 FEET;
THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOTS 5,
4 AND 3 TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO
AND NORTHWESTERN RAILROAD COMPANY; THENCE SOUTHERLY ALONG
SAID WESTERLY RIGHT OF WAY LINE TO A LINE DRAWN PARALLEL
WITH THE SOUTHERLY LINE OF SAID LOTS 5, 4 AND 3 FROM THE
POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS (PROPERTY COMMONLY KNOWN AS 15 DOUGLAS AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance, submitted by Fred Steffen,
undated.
2 . Substantial conformance to the Interior Floor
Plan, submitted by Fred Steffen, undated.
3 . Substantial conformance to the Site Plan,
submitted by Fred Steffen, undated.
4 . 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.
Ed Schock, Ma or
Presented: November 28 , 2001
Passed: November 28 , 2001
Vote : Yeas : 7 Nays : 0
Recorded: November 29, 2001
Published:
Attest :
;114-1, Ae'r....(24,--
Dolonna Mecum, City Clerk
November 7, 2001
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 57-01 Requesting a Conditional Use for a Drinking Place,Outdoor Eating
and Drinking Facility, Package Liquor Sales Establishment, and a Cigar Store in Association With
an Eating Place in the CC1 Center City District; Property Located at 15 Douglas Avenue, Elgin,
Illinois by Fred and Judy Steffen as Applicants and Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC1 Center City District
Intended Use: Eating Place, Drinking Place, Outdoor Eating and Drinking
Facility, Package Liquor Sales Establishment, and a Cigar Store
Property Location: 11-15 Douglas Avenue
Applicant and Owner: Fred and Judy Steffen
Staff Coordinator: Todd Wyatt, Associate Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Photographs of Site (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 57-01 November 7, 2001
BACKGROUND
An application has been filed by Fred and Judy Steffen requesting conditional use approval to
establish a new restaurant at 15 Douglas Avenue in the CC2 Center City District(reference Exhibits
A, B, C, D and E).
The applicants are proposing to renovate the first floor of an existing building located at 11-15
Douglas Avenue in order to establish a gourmet Italian restaurant. The proposed restaurant will
feature seating for 110 customers, a bar with package liquor sales of wine, a cigar smoking room
with cigar sales, a banquet room, valet parking service, and an outdoor dining area to the rear of the
building (reference Exhibits F and G).
FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public
hearing in consideration of Petition 57-01 on October 17,2001. The applicant testified at the public
hearing and presented documentary evidence in support of the petition. Written correspondence has
been received. The Community Development Group has submitted a Conditional Use Review dated
October 11, 2001.
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927 E Commercial District
1950 E Commercial District
1962 B2 Central Business District
1992 B2 Central Business District
Present CC1 Center City District
B. Surrounding Land Use and Zoning Findings. The property directly to the north is zoned
CC1 and is improved with a three story building which contains a ground floor office with
upper floor residential use.
The property directly to the south is zoned CC1 and is developed with a multi-story office
building. An alley which runs east to west separates the subject property from the office
building.
The property located to the east is zoned CC1 and is developed with a bank. The Spring
Street parking deck is located further east, across Spring Street. An alley separates the
subject property from the bank.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 57-01 November 7, 2001
The properties located directly to the west are zoned CC1 and are developed with multi-story
mixed-use buildings consisting of office and commercial uses on the ground floor and upper
floor residential uses above.
C. Trend of Development Findings.The central portion of the City has developed with a mix
of business, residential and institutional uses. The subject property is located within the
traditional downtown, which continues on its course of revitalization.
D. Zoning District Findings. The purpose of the CC1 Center City District is to facilitate the
implementation of the official comprehensive plan for the center city, as focused on a
distinctive subarea of the city with a common urban fabric.
E. 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.
Findings. The subject property is suitable for the intended conditional use with respect to
the site characteristics standard.
The subject property is an irregularly shaped parcel containing approximately 10,890 square
feet of lot area. The property is improved with a 3 story masonry building which was
originally constructed in 1883.The south and east property lines of the subject property are
adjacent to a public alley.A retaining wall is located approximately 23 feet south ofthe north
property line.The area located south of the retaining wall is approximately 4 feet lower than
the area which is north of the retaining wall.
F. 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 storm water control facilities.
Findings. The subject property is suitable for the intended conditional use with respect to
the sewer and water standard.
The subject property is served by municipal water, sanitary sewer and storm water control
services.
G. 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 suitable for the intended conditional use with respect to
eguk the traffic and parking standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 57-01 November 7, 2001
The subject property is located on Douglas Avenue, which is a local street.
Land uses located within the CC1 Center City District are not required to provide off street
parking. A municipal parking lot is located to the northwest of the subject property, across
highland Avenue. A second municipal parking facility is located one block east of the
subject property. The applicant is proposing to provide a valet parking service during peak
business hours on Friday and Saturday,with access via the Highland Avenue entrance to the
public alley.
H. 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.
Findings. The subject property is suitable 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.
No evidence has been submitted or found that the proposed conditional use will be located,
designed,or operated in a manner that will exercise undue detrimental influence on itself or
surrounding property.
This standard will also be met because of the conditions imposed upon the conditional use.
SUMMARY OF FINDINGS, UNRESOLVED ISSUES, AND ALTERNATIVES
The Zoning and Subdivision Hearing Board has developed or identified the following findings,
unresolved issues, and alternatives:
A. Summary of Findings.
1. General. The establishment of an upscale restaurant in the downtown is consistent
with the city's ongoing revitalization efforts. Such a facility should be an asset to the
center city.
2. Location, Design and Operation. No evidence has been submitted or found that the
proposed conditional use will be located, designed,or operated in a manner that will
exercise undue detrimental influence on itself or surrounding property.
This standard will also be met because of the conditions imposed upon the
conditional use.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 57-01 November 7, 2001
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of the conditional use for a
drinking place,outdoor eating and drinking facility,package liquor sales establishment,and a cigar
store in association with an eating place. On a motion to recommend approval of the conditional use,
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, submitted
by Fred Steffen, undated.
2. Substantial conformance to the Interior Floor Plan, submitted by Fred Steffen,
undated.
3. Substantial conformance to the Site Plan, submitted by Fred Steffen, undated.
4. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend the approval of Petition 57-01 was adopted.
Claude Hamlin, Chairman
Zoning and Subdivision Hearing Board
4 /
G
D avid Sundland, Secretary
Zoning and Subdivision Hearing Board
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