G2-03 r ,
Ordinance No. G2-03
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A
CONDITIONAL RESIDENTIAL OCCUPATION
(2630 Boxwood Drive)
WHEREAS, written application has been made for a conditional
use for a conditional residential occupation in the RC1 Residence
Conservation District at 2630 Boxwood Drive; 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
eigik hereof by reference as Exhibit A.
Section 2 . That a conditional use for a conditional
residential occupation in the RC1 Residence Conservation District
at 2630 Boxwood Drive and legally described as follows :
LOT 49 IN RANDALL RIDGE, UNIT 1, IN THE TOWNSHIP
OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY
KNOWN AS 2630 BOXWOOD DRIVE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance to the Statement of
Purpose and Conformance submitted by Rebecca Lucas,
dated October 24, 2002 .
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.
E Scha k, Mayor
eft'
Presented: January 8, 2003
Passed: January 8, 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: January 9, 2003
Published:
Attest :
Do onna Mecum, it Clerk
eglik
November 20, 2002
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 62-02 Requesting a Conditional Use for a Conditional
Residential Occupation in the RCl Residence Conservation District; Property Located at
2630 Boxwood Drive by Rebecca Lucas, as Applicant and Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: RC1 Residence Conservation District
Intended Use: Conditional Residential Occupation
Property Location: _ 2630 Boxwood Drive
Applicant and Owner: Rebecca Lucas
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)
Exhibit A
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-02 November 20, 2002
BACKGROUND
An application has been filed by Rebecca Lucas, requesting conditional use approval for
a conditional residential occupation in the RC 1 Residence Conservation District. The
subject property is located at 2630 Boxwood Drive(reference Exhibits A, B, C, D and E).
The applicant proposes to use a portion of her existing home as an office for a training
consulting company. The applicant anticipates a single employee coming to the home 4
days per week. No customers or clients will come to the home. There will be 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 62-02 on November 20, 2002.The applicant
testified at the public hearing and presented documentary evidence in support of the
petition. The Community Development Group has submitted a Conditional Use Review
dated November 12, 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 1989.
B. Surrounding Land Use and Zoning Findings. The subject property is located
on Boxwood Drive in the Randall Ridge Subdivision. The surrounding
properties are zoned RC1 Residence Conservation District and are developed with
single-family residences.
C. Trend of Development Findings. The Randall Ridge Subdivision began
developing in the early 1990's with predominately single-family residences.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-02 November 20, 2002
eoh-
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 9,580 square feet of
lot area. The property is improved with a single-family residence containing
approximately 2,400 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 Boxwood Drive, a local street. The employee
will park in the applicant's driveway or garage. There will be no company
vehicles stored on the premises.
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.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-02 November 20,2002
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.
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.
trk 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 62-02.
On a motion to recommend approval of the conditional use, subject to the following
ei
,, conditions, the vote was four(4) yes and zero (0)no:
1. Substantial conformance to the Statement of Purpose and Conformance submitted
by Rebecca Lucas, dated October 24, 2002.
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1.
Findings of Fact Zoning and Subdivision Hearing Board
Petition 62-02 November 20, 2002
esk
2. Compliance with all other applicable codes and ordinances.
Therefore, the motion to approve Petition 62-02 was adopted.
Respectfully Submitted,
Ralph Ti.eri, airman Pro Tern
Zoning and Subdivision Hearing Board
David Sundland, Secretary
Zoning and Subdivision Hearing Board
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