G37A-02 Ordinance No. G37A-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT
(17 NORTH GROVE AVENUE)
WHEREAS, written application has been made for a conditional
use for a carryout restaurant in the CC1 Center City District 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.
t Section 2 . That a conditional use for a carryout restaurant
in the CC1 Center City District 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 NORTHWESTERLY
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 NORTHWEST 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
(PROPERTY COMMONLY KNOWN AS 17 NORTH GROVE AVENUE) .
r°' be and is hereby granted subject to the following conditions :
, .
emk 1 . Substantial conformance to the Statement of
Purpose and Conformance, submitted by Lynne Diamond,
undated.
2 . Substantial conformance to the Development
Plan, prepared by Christus Design Group, undated.
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.
Ed Schock, Mayor
Presented: May 22 , 2002
Passed: May 22 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: May 23 , 2002
Published:
Attest :
5411-, --<
Dolonna Mecum, City Clerk
April 17, 2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin
SUBJECT
Consideration of Petition 08-02 Requesting Conditional Use Approval in the CC 1 Center
City District, to Permit the Establishment of a Carryout Restaurant; Property Located at
17 North Grove Avenue by Lynne Diamond, as Applicant, and Jerry Goldstein, as
Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC1 Center City District
Intended Use: Carryout Restaurant
Property Location: 17 North Grove Avenue
Applicant: Lynne Diamond
Owner: Jerry Goldstein
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 Photograph (see attached)
E. Site Photographs (see attached)
F. Statement of Purpose and Conformance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-02 April 17, 2002
G. Development Plan (see attached)
H. Draft Conditional Use Ordinance (see attached)
BACKGROUND
An application has been filed by Lynne Diamond, requesting conditional use approval for
a carryout restaurant in the CC1 Center City District. The subject property is located at
17 North Grove Avenue (reference Exhibits A, B, C,D and E).
The applicant proposes to renovate the first floor of the existing two story building. The
applicant plans to establish a specialty coffee shop which will offer fresh baked pastries,
sandwiches, ice cream and desserts. The indoor dining area will contain approximately
four tables, with a majority of the business expected to be from carryout orders. The
applicant is also proposing to establish a small outdoor eating area on the sidewalk in
front of the store during the summer months (reference Exhibits F, G and H).
The proposed carryout restaurant requires conditional use approval in the CC 1 Center
City District.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board
conducted a public hearing in consideration of Petition 08-02 on April 17, 2002. The
applicant testified at the public hearing and presented documentary evidence in support of
the application. No objectors to the petition were present.
The Zoning and Subdivision Hearing Board has made the following findings concerning
the standards for a conditional use:
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 CC 1 Center City District
B. Surrounding Land Use and Zoning Findings. The subject property is located
within the CC1 Center City District.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-02 April 17, 2002
The property directly to the north of the subject property is improved with a
private parking lot.
The property directly to the south is developed with a two story commercial
building which contains a restaurant.
The property directly to the east is developed with a two story commercial
building.
The property directly to the west is developed with a bank and an accessory
parking lot.
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 features
including topography,watercourses, 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 7,842 square feet
of lot area. The property is improved with two masonry buildings and an
accessory parking lot containing 12 parking spaces. A public alley, which
provides access to the parking lot, runs adjacent to the east property line.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-02 April 17, 2002
G. Traffic and Parking Standard. The availability 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 the traffic and parking standard.
The subject property is located on Grove Avenue, a collector street, serving the
center city between Highland Avenue on the north and National Street on the
south.
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 north of the subject
property, across Highland Avenue.
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
r""' 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.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 08-02 April 17, 2002
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than approval, 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 carryout restaurant. 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 Lynne Diamond, undated.
2. Substantial conformance to the Development Plan prepared by Christus
Design Group, undated.
3. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend the approval of Petition 08-02 was adopted.
'te 40/
Greg Tyso Chai a Tem
Zoning and Subdivision Hearing Board
G✓
David Sundland, Secretary
Zoning and Subdivision Hearing Board
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