G35-08 Ordinance No. G35-08
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR
CERTIFIED MASSAGE THERAPISTS PRACTICE
IN THE RC2 RESIDENCE CONSERVATION DISTRICT
(22 South Alfred Avenue)
WHEREAS, written application has been made requesting conditional use approval for a
certified massage therapists practice in the RC2 Residence Conservation District; 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 2, 2008, 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 a certified massage
therapists practice in the RC2 Residential Conservation District at 22 South Alfred Avenue and
legally described as follows:
Lot 5 in Block XIII of Washington Heights Addition to Elgin, in the City of Elgin,
Kane County, Illinois (Property Commonly Known As 22 South Alfred Avenue).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
submitted by Natalie Pendergrass, dated February 13, 2008.
2. Substantial conformance to the Floor Plan,prepared by Natalie Pendergrass, dated
February 13, 2008.
3. Compliance with Ordinance G39-99 and with the Conditional Residential
Occupancy standards listed under the Supplementary Regulations of the City of
Elgin Municipal Code.
4. Conformance with the standards for conditional residential occupations within the
zoning ordinance. These standards include, but are not limited to the following:
a) Use of the land and structures (within an enclosed building, a maximum of
30% of the total floor area).
b) The number of employees on site (the owner of the home and one
additional employee, who cannot be a certified massage therapist).
c) Visits to the site (no more that 5 persons per day).
d) The hours of operation (8:00 a.m. —6:00 p.m.).
e) Signage on site (commercial signage is not permitted).
5. 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.
Atc/tettr4/. _
Ed Schock, Mayor
Presented: June 11, 2008
Passed: June 11, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 12, 2008
Published:
Attest:
Diane Robertson, City erk
r
April 2, 2008
FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin, Illinois
SUBJECT
Consideration of Petition 06-08 Requesting a Conditional Residential Occupation in the RC2
Residence Conservation District,to Permit a Certified Massage Therapist Practice;Property Located
at 22 South Alfred Avenue,by Natalie Pendergrass as Applicant,and Natalie and Mitch Pendergrass
as Owners.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: RC2 Residence Conservation District
Intended Use: Certified Massage Therapist Practice
Property Location: 22 South Alfred Avenue
Applicant: Natalie Pendergrass
Owner: Natalie and Mitch Pendergrass
Staff Coordinator: Denise Momodu, Associate 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. Environmental Photo (see attached)
F. Site Photos (see attached)
G. Statement of Purpose and Conformance (see attached)
EXHIBIT A
Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
H. Certified Massage Therapists in Residential District (see attached)
Ordinance No. G39-99
I. Draft Conditional Residential Occupancy Ordinance (see attached)
J. Related Correspondence (see attached)
BACKGROUND
An application has been filed by Natalie Pendergrass,requesting a conditional residential occupation
for a certified massage therapist practice. The subject property is located at 22 South Alfred Avenue
(reference Exhibits A, B, C, D, E and F).
The applicant desires to provide therapeutic massages to her clients(which includes the handicapped,
athletes, infants, the physically abused, and professionals) in her home. The proposed use will not
require any structural changes to the existing home. The practice will be equipped with a massage
table, with linens that are professionally laundered offsite. There will be no medical products or
tools utilized. Only one client will be treated at a time and not more than five clients per day
(reference Exhibits G, H, I and J).
GENERAL FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 06-08 on April 2, 2008. The applicant testified at the public
hearing and presented documentary evidence in support of the application. No objectors were
present. The Community Development Group submitted a Conditional Use Review dated March 27,
2008.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
1927: A Residential
1950: A Residential
1960: A Residential
1961: A Residential
1962: R2 Single Family Residence
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
1992: R2 Single Family Residence
Present: RC2 Residence Conservation District
The subject property has been zoned exclusively for single family residence since 1927.
B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for
the intended conditional use with respect to consistency and compatibility with surrounding
land use and zoning.
Findings. The subject property is suitable for the intended conditional use with respect to
consistency and compatibility with surrounding land use and zoning.
The subject property is located in a mature residential neighborhood. The properties to the
north, south, east and west are zoned RC2 Residence Conservation District and are
developed with single family residences.
The area 300 feet south is zoned CF Community Facility District, and is developed with a
church.
C. Trend of Development Standard. The suitability of the subject property for the intended
conditional use with respect to its consistency with an existing pattern of development or an
identifiable trend of development in the area.
Findings: The subject property is suitable for the intended conditional use with respect to the
trend of development standard.
The subject property is located in a mature single family residential neighborhood.
D. Zoning District Standard. The suitability of the subject property for the intended
conditional use with respect to the length of time the property has remained undeveloped or
unused in its current zoning district.
Findings. The subject property is suitable for the intended conditional use with respect to
the length of time the property has remained undeveloped or unused in its current zoning
district.
The purpose of the RC2 Residence Conservation District is to conserve the urban residential
environment of the mature residential neighborhoods of the City, which developed
subsequent to 1950 with single family detached dwellings.
STANDARDS FOR CONDITIONAL USES
The Zoning and Subdivision Hearing Board has made the following findings concerning the
standards for conditional uses:
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
A. 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 6,600 square feet of land area.
The subject property is improved with a detached single family residence containing 1,510
square feet of floor area,a detached 1 car garage,and a concrete driveway. The proposed use
will be located within the existing home which will not alter the existing natural features on
site.
B. 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. The proposed use will not significantly increase the impact on the existing systems
in place.
C. 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 along South Alfred Avenue. Alfred Avenue is a local street,
serving the surrounding residential neighborhood. Only one client will be treated at a time
and not more that five(5)clients will visit the site per day. Two parking spaces are provided
on site. The subject property is located within one block of West Chicago Street. The
proposed use will not cause a negative impact to the traffic or parking in the area.
Off street parking is provided in conformance with the Off Street Parking Ordinance.
D. Comprehensive Plan Standard. The suitability of the subject property for the intended
conditional use with respect to conformance to the goals, objectives, and policies of the
official comprehensive plan.
Findings. The subject property is suitable for the intended conditional use with respect to
the Comprehensive Plan Standard.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
The subject property is designated as"Medium Density Residential(4.1 —8.7 dwelling units
per net acre)" by the Comprehensive Plan and Design Guidelines (2005). The proposed
residential occupancy is in conformance with this designation.
E. 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.
The proposed massage therapist practice will be conducted in a way to minimize its impact
on the neighboring properties. The applicant will be required to follow the standards for
conditional residential occupations within the zoning ordinance. These standards regulate,
but are not limited to, the following:
1. Use of the land and structures (within an enclosed building, a maximum of 30% of
the total floor area).
2. The number of employees on site (the owner of the home and one additional
employee, who cannot be a certified massage therapist).
3. Visits to the site (no more that 5 persons per day).
4. The hours of operation (8:00a.m. —6:00 p.m.).
5. Signage on site (commercial signage is not permitted).
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 applicant desires to provide therapeutic massages to her clients
(which includes the physically handicapped, athletes, infants, the physically abused, and
professionals) in her home. The proposed use will not require any structural changes to the
existing home. Her practice will be equipped with a massage table, with linens that are
professionally laundered offsite. There will be no medical products or tools utilized. Only
one client will be treated at a time and not more than five clients per day.
The proposed massage therapist practice will be conducted in a way to minimize its impact
on the neighboring properties. The applicant will be required to follow the standards for
conditional residential occupations within the zoning ordinance.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
B. Summary of Unresolved Issues.
There are no unresolved issues.
C. Summary of Alternatives.
Other than an approval,a denial,or an approval with some combination of conditions,there
are no substantive alternatives.
DECISION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 06-08. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was seven (7) yes and zero (0) no:
1. Substantial conformance with the Statement of Purpose and Conformance, submitted by
Natalie Pendergrass, dated February 13, 2008.
rah 2. Substantial conformance to the Floor Plan,prepared by Natalie Pendergrass,dated February
13, 2008.
3. Compliance with Ordinance G39-99 and with the Conditional Residential Occupancy
standards listed under the Supplementary Regulations of the City of Elgin Municipal Code.
4. Substantial conformance to follow the standards for conditional residential occupations
within the zoning ordinance. These standards regulate,but are not limited to the following:
a) Use of the land and structures (within an enclosed building, a maximum of 30% of
the total floor area).
b) The number of employees on site (the owner of the home and one additional
employee, who cannot be a certified massage therapist).
c) Visits to the site (no more that 5 persons per day).
d) The hours of operation (8:00a.m. — 6:00p.m.).
e) Signage on site (commercial signage is not permitted).
5. Compliance with all other applicable codes and ordinances.
Therefore, the motion to recommend approval of Petition 06-08 was adopted.
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Findings of Fact Zoning and Subdivision Hearing Board
Petition 06-08 April 2, 2008
Respectfully Submitted,
s/ Robert Langlois
Robert Langlois, Chairman
Zoning and Subdivision Hearing Board
s/Thomas Armstrong
Thomas Armstrong, Secretary
Zoning and Subdivision Hearing Board
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