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G39-06 • Ordinance No. 39-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A RETAIL BAKERY IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (247 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval for a retail bakery in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 247 Dundee 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 April 05, 2006, 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 to permit the operation of a retail bakery in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 247 Dundee Avenue and legally described as follows: Parcel one: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball, Sr's Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel two: That part of Lot 28 of B. W. Raymond's Addition to Elgin, described as follows: commencing at the northeast corner of said lot; thence south along the east line of said lot, 116.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence northeasterly along said east line, 72.95 feet to the point of beginning; thence northeasterly along said east line to the northwest corner of said lot; thence east along said north line, 153.78 feet to the northeast corner of said lot; thence south along the east line of said lot, 52 feet ; thence west 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. Parcel 3: That part of Lot 28 of B. W. Raymond's Addition to Elgin described as follows: commencing at a point in the east line of said lot, 52 feet south of the northeast corner thereof; thence south on said east line, 64.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence in a northeasterly direction along said east line of Dundee Avenue, 72.95 feet; thence east, 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois (property commonly known as 233 Dundee Avenue). r`' be and is hereby granted subject to the following conditions: 1. Substantial conformance to the letter prepared by Gilberto Uribe, President, Pan Mex Baking Co., undated. 2. Substantial conformance to the proposed Floor Plan (Sheet No. A1-2) for Pan Mex Bakery,prepared by Beron Design Group, dated November 28, 2005. 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 24, 2006 Passed: May 24, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 25, 2006 Published: Attest: Dolonna Mecum, City Clerk