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G72-08 Ordinance No. G72-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the PAB Planned Area Business 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 September 17, 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 package liquor sales establishment in the PAB Planned Area Business District at 1350 East Chicago Street and legally described as follows: That part of Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West, 1 10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian, in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago- Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting therefrom that part dedicated for public street (a portion of Philips Way) by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured perpendicular, easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less (Property commonly known as 1350 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance submitted by Jayesh Patel, dated September 5, 2008. 2. Substantial Conformance to the Business Plan for Elgin Liquor and Wine, inclusive of the following plan sheets: a. Business Plan prepared by Jayesh Patel, dated August 14, 2008; b. Site Plan titled "Geometric Plan" prepared by Marchris Engineering, Ltd., dated September 5, 2008; c. The Landscaping Plans Sheet LS-1 prepared by Marchris Engineering, rk 2 Ltd., dated September 5, 2008; d. The Partial (floor) Plan prepared by Ernest E. Ternovits, Jr. Architects dated September 5, 2008; e. The Elgin Liquor Suite prepared by New Horizons Inc. Architects dated September 5, 2008; f. The Elevation Drawings prepared by Ernest E. Ternovits, Jr. Architects, dated September 5, 2008; and g. The Sign Exhibit dated August 22, 2008. 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. d Schock, Mayor Presented: October 22, 2008 Passed: October 22, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 23, 2008 Published: Attest: Diane Robertson, City lerk '‘";Yakt * � , 1. ( '‘ r 3