G51-02 Ordinance No. G51-02
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A
CONDITIONAL RESIDENTIAL OCCUPATION
(1945 MURCER LANE)
WHEREAS, written application has been made for a conditional
use for a conditional residential occupation in the RC1 Residence
Conservation District at 1945 Murcer Lane; 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.
ea.
Section 2 . That a conditional use for a conditional
residential occupation in the RC1 Residence Conservation District
at 1945 Murcer Lane and legally described as follows :
LOT 375 OF CENTURY OAKS WEST UNIT 7, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS
1945 MURCER LANE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance submitted by Janice Escola,
undated.
2 . 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 Schoc , Mayor
Presented: July 24, 2002
Passed: July 24, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: July 25, 2002
Published:
Attest :
Dolonna Mec ty Clerk
1i 11
June 19, 2002
FINDINGS OF FACT
Community Development Group City of Elgin,Illinois
SUBJECT
Consideration of Petition 21-02 Requesting a Conditional Use for a Conditional
Residential Occupation in the RC1 Residence Conservation District; Property Located at
1945 Murcer Lane by Janet L. Escola, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: RC 1 Residence Conservation District
Intended Use: Conditional Residential Occupation
Property Location: 1945 Murcer Lane
Applicant and Owner: Janet L. Escola
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)
G. Conditional Residential Occupation Regulations (see attached)
H. Draft Conditional Use Ordinance (see attached)
I. Correspondence (see attached)
FILE
COpy
4;
�.
•
)
Findings of Fact Zoning and Subdivision Hearing Board
Petition 21-02 June 19,2002
BACKGROUND
An application has been filed by Janet Escola, requesting conditional use approval for a
conditional residential occupation in the RC1 Residence Conservation District. The
subject property is located at 1945 Murcer Lane (reference Exhibits A,B, C,D and E).
The applicant proposes to use 348 square feet of her existing home as an office for a
promotionallincentive company. The applicant anticipates a single employee coming to
the home Monday through Friday from 8:00 am through 5:00 pm. No customers or
clients will come to the home. There will be no storage at the home in association with
the business, and no signs advertising the business. The business will be run in
accordance with the conditional residential occupations regulations of the Elgin
Municipal Code(reference Exhibits F, G, and H).
The residential occupation requires conditional use approval due to the presence on the
site of an employee who does not reside in the home.
FINDINGS
After due notice, as required by law, the Zoning and Subdivision Hearing Board held a
public hearing in consideration of Petition 21-02 on June 19, 2002.The applicant testified
'' I at the public hearing and presented documentary evidence in support of the petition. The
Community Development Group has submitted a Conditional Use Review dated May 29,
2002.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Findings. The subject property was zoned as follows for the
years listed:
1927 Out of City
1950 Out of City
1962 Out of City
1992 R2 Single Family Residence
Present RC1 Residence Conservation District
The property was annexed to the City of Elgin and zoned R2 Single Family
Residence in 1977.
B. Surrounding Land Use and Zoning Findings. The subject property is located
on Murcer Lane in the Century Oaks West Subdivision. The surrounding
properties are zoned RC 1 Residence Conservation District and are developed with
single family residences.
C. Trend of Development Findings. The Century Oaks West Subdivision began
developing in the late 1970's with predominately single family residences.
2
Findings of Fact Zoning and Subdivision Hearing Board
Petition 21-02 June 19, 2002
D. Zoning District Findings. The purpose of the RC1 District is to provide for the
conservation of the urban residential environment of the mature residential
neighborhoods of the city, which developed predominantly subsequent to 1962
with single family detached dwellings.
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 a regularly shaped parcel containing 10,625 square feet of
lot area. The property is improved with a single family residence containing
approximately 1,600 square feet of residential floor area.
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 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 Murcer Lane, a local street.
Off street parking is provided in conformance to the Off Street Parking
Ordinance.
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.
3
i 1
Findings of Fact Zoning and Subdivision Hearing Board
Petition 21-02' June 19,2002
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. Positive Attributes. This conditional residential occupation will be established
in accordance with the regulations of the zoning ordinance. In doing so, the
home based business should not be recognizable by the surrounding
neighbors.
2. General. Conditional residential occupations are required to obtain a
Certificate of Occupancy from the Code Administration Department prior to
the establishment of the conditional residential occupation.
3. 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.
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 Petition 21-02.
On a motion to recommend approval of the conditional use, subject to the following
conditions, the vote was four(4)yes and one (1)no:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Janice Escola, undated.
2. Compliance with all other applicable codes and ordinances.
Therefore, the motion to approve Petition 21-02 was adopted.
4
)
Findings of Fact Zoning and Subdivision Hearing Board
Petition 21-02 June 19,2002
Respectfully Submitted,
/.
Claude Hamlin, Chairman
Zoning and Subdivision Hearing Board
4 /,
Day • anal. ecre .1
Zoning and Subdivision Hearing Board
)
r
5