G79-03 Ordinance No. G79-03
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A DRINKING PLACE
IN THE CC1 CENTER CITY DISTRICT
(23 South Grove Avenue)
WHEREAS, written application has been made for a conditional
use for a drinking place in the CC1 Center City District at
23 South 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, dated August 20 , 2003 , 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 planned development
to permit the establishment of a drinking place in the CC1 Center
City District at 23 South Grove Avenue and legally described as
follows :
PARCEL ONE: AN UNDIVIDED ONE-HALF INTEREST IN AND
TO THE EASTERLY 20 . 85 FEET MEASURED ALONG THE NORTH LINE
OF THAT PART OF LOTS 6 AND 7 IN BLOCK 15 OF THE ORIGINAL
TOWN OF ELGIN ON THE EAST SIDE OF FOX RIVER, DESCRIBED AS
FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT
6 ; THENCE NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID
LOT 59 . 59 FEET FOR A POINT OF BEGINNING; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES
45 MINUTES 36 SECONDS, MEASURED FROM SOUTHEAST TO
NORTHEAST FROM THE WESTERLY LINE OF SAID LOT 6; A
DISTANCE OF 111 . 58 FEET TO A LINE 35 . 15 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF LOT 7; THENCE NORTH ALONG
SAID PARALLEL LINE 23 . 34 FEET TO THE NORTH LINE OF LOT 7;
THENCE WEST ALONG THE NORTH LINE OF LOTS 7 AND 6 TO THE
NORTHWEST CORNER OF LOT 6; THENCE SOUTHEASTERLY ALONG THE
WESTERLY LINE OF LOT 6 TO THE POINT OF BEGINNING, IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS .
PARCEL TWO: THAT PART OF LOTS 6 AND 7 IN BLOCK 15
OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX
RIVER, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST
CORNER OF SAID LOT 6 ; THENCE NORTHWESTERLY ALONG THE
(ow WESTERLY LINE OF SAID LOT 59 . 59 FEET FOR A POINT OF
BEGINNING; THENCE NORTHEASTERLY ALONG A LINE FORMING AN
ANGLE OF 89 DEGREES 45 MINUTES 36 SECONDS, MEASURED FROM
SOUTHEAST TO NORTHEAST FROM THE WESTERLY LINE OF SAID LOT
6, A DISTANCE OF 111 . 58 FEET TO A LINE 35 . 15 FEET WEST OF
AND PARALLEL WITH THE EAST LINE OF LOT 7; THENCE NORTH
ALONG SAID PARALLEL LINE 22 . 34 FEET TO THE NORTH LINE OF
LOT 7; THENCE WEST ALONG THE NORTH LINE OF LOTS 7 AND 6
TO THE NORTHWEST CORNER OF LOT 6; THENCE SOUTHEASTERLY
ALONG THE WESTERLY LINE OF LOT 6 TO THE POINT OF
BEGINNING (EXCEPT THE EASTERLY 20 . 85 FEET MEASURED ALONG
THE NORTH LINE) , IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS (PROPERTY COMMONLY KNOWN AS 23 SOUTH GROVE
AVENUE) .
be and is hereby granted subject to the following conditions :
1 . Substantial conformance with the Statement of
Purpose and Conformance, prepared by Akina and Bill
Kounlavong, dated July 28 , 2003 .
2 . Substantial conformance to the Floor Plan,
submitted by Akina and Bill Kounlavong, dated July 28 ,
2003 .
eft. 3 . Compliance with all 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: September 24 , 2003
Passed: September 24 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: September 25, 2003
Published:
Attest :
eft. A /4
Do onna Mecum, Cit Clerk
August 20, 2003
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 43-03 Requesting a Conditional Use for a Drinking Place in the CC1
Center City District;Property Located at 23 South Grove Avenue by Akina and Bill Kounlavong,as
Applicant, and Pancor, Inc., as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CC1 Center City District
Existing Use: First Floor Restaurant and Offices
Property Location: 23 South Grove Avenue
Applicant: Akina and Bill Kounlavong
Owner: Pancor, Inc.
Staff Coordinator: Lauren Pruss,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. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
rik G. Draft Conditional Use Ordinance (see attached)
Exhibit A
Findings of Fact Zoning and Subdivision Hearing Board
low Petition 43-03 August 20, 2003
BACKGROUND
An application has been filed by Akina and Bill Kounlavong,requesting conditional use approval for
a drinking place in the CC1 Center City District.The subject property is located at 23 South Grove
Street(reference Exhibits A, B, C,D, and E).
The subject property is currently occupied by Akina's Thai Restaurant. The applicant proposes to
add alcohol sales to the existing restaurant use. The sale of alcohol would generally be provided in
addition to food sales. The applicant is also tentatively planning to include karaoke nights on Fridays
and Saturdays after 10:00 p.m. (reference Exhibits F and G).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 43-03 on August 20,2003. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No citizens gave
testimony at the public hearing. The Community Development Group submitted a Conditional Use
�s�• Review dated August 8, 2003.
t
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: E Commercial District
1950: E Commercial District
1960: 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 areas to the north,south,east,and west
are zoned CC1 Center City District and are developed with a mix of retail, service,
professional, and residential land uses.
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
.uui implementation of the official comprehensive plan for the center city, as focused on a
[ distinctive subarea of the city with a common urban fabric. The CC1 zoning district provides
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 43-03 August 20, 2003
for a concentration of finance, service, retail, civic, office, and cultural uses in addition to
complementary uses such as hotels,entertainment and housing. The development standards
are intended to encourage a mix of activity in the area while providing for quality
development that maintains a sense of history, human scale and pedestrian-oriented
character.
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 approximately 5,600 square
feet of lot area. The property is improved with a masonry structure several stories in height.
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 South Grove Avenue. South Grove Avenue is a collector
street serving downtown Elgin, east of the river.
Off street parking will be provided in conformance with 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
le* Petition 43-03 August 20, 2003
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.
Positive Attributes. The addition of alcohol sales to an existing restaurant is a customary and
traditional component land use. If approved, the proposed conditional use will help the
�." existing restaurant further expand its services to future customers, and help the City realize
its plans for the development of quality entertainment and destination land uses within the
downtown.
B. Summary of Unresolved Issues.
There are no unresolved issues.
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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 Petition 43-03. On a
motion to recommend approval of the conditional use,subject to the following conditions,the vote
was six (6) yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared
eimk by Akina and Bill Kounlavong, dated July 28, 2003.
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Findings of Fact Zoning and Subdivision Hearing Board
k. Petition 43-03 August 20, 2003
2. Substantial conformance to the Floor Plan,submitted by Akina and Bill Kounlavong,
dated July 28, 2003.
3. Compliance with all applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 43-03 was adopted.
Ja oder, Chairman Pro`1 em
zia-ek tedilip
mg and Subdivision Hearing Board
Aen Pruss, Secretary
Zoning and Subdivision Hearing Board
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