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G76-06 (2) Ordinance No. G84-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (822 Summit Street) WHEREAS, written application has been made requesting conditional use approval for accessory package liquor sales in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 822 Summit Street; 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 September 21, 2005, 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 establishment of package liquor sales accessory to a grocery store in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 822 Summit Street and legally described as follows: Part of the Southwest quarter of Section 7, Township 41 North, range 9, East of the Third Principal Meridian, described as follows: Beginning at the intersection of the North line of Route 58 as dedicated by document number 11045054, and the East line of property conveyed in deed filed for record June 28, 1950 as document number 14837621 in Cook County, Illinois; thence North 1 degree 14 minutes East along the East line thereof 400.07 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 424.50 feet to a line 101.00 feet East of and parallel with the West line of property conveyed in deed recorded as document number 14837621, aforesaid; thence South 0 degrees 37 minutes West along said parallel line a distance of 100.00 feet; thence North 89 degrees 15 minutes 30 seconds West, a distance of 101.00 feet to the West line of property conveyed in deed recorded as document number 14837621, aforesaid; thence South 0 degrees 37 minutes West along said West line a distance of 125.00 feet to a point 175.00 feet North of the North line of Route 58 hereinbefore mentioned: thence South 89 degrees 15 minutes 30 seconds East a distance of 116.00 feet; thence South 0 degrees 37 minutes West a distance of 176.24 feet to the North line of route 58, aforementioned; thence easterly along the North line of route 58 aforesaid, being a curve convex southerly having a radius of 19048.60 feet, for a distance of 393.20 feet to a point of tangent; thence continuing East along said tangent, a distance of 12.00 feet to the point of beginning, in the City of Elgin, Cook County, Illinois (Property commonly known as 822 Summit Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Kostas L. Cios, Law Offices of Stotis & Baird, no date. 2. Substantial conformance with the Floor Plan, prepared by Nicholas C. Karras Architect, dated April 26, 2005. 3. The accessory package liquor sales establishment shall be located only in the tenant space located at 822 Summit Street. 4. All dead, dying, or removed landscaping shall be replaced with comparable materials in conformance with Section 19.12.700 Landscaping, prior to issuance of an occupancy permit. 5. Repair ponding, drainage and ground cover issues at rear of building prior to issuance of an occupancy permit. 6. The existing non conforming pole sign shall be replaced with a conforming monument style sign prior to issuance of an occupancy permit. 7. Compliance with all other 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: November 29, 2006 Passed: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 30, 2006 Published: Attest: Dolonna Mecum, City Cler