Plan Commission

STAFF REPORT 2013-21P: Subdivision Community Development Department Council Chambers, 7:30 PM, July 18, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Subdivision: 9300, 9310 & 9440 Kenton Avenue and 9301 Gross Point Road General Information Location 9300, 9310 & 9440 Kenton Avenue and 9301 Gross Point Road Purpose To subdivide 42 parcels into 3 lots. Petitioner Trustees of Schools Township 41 North, Range 13, on behalf of School District 68 Size of Site Land to be subdivided: 935,745 square feet (21.48 acres) with 1,588.91 feet of frontage on Gross Point Road, 1,445.63 feet of frontage on Kenton Avenue, 152.97 feet of frontage on Niles Center Road, 98.49 feet of frontage on Knox Avenue, 33.00 feet of frontage on Kilpatrick Avenue, and 590.39 feet of frontage on Lyons Street. Existing Zoning & R2 Single-Family – vacant elementary school, junior high school, Land Use school district administrative offices, school district bus transportation yard, language school, preschool Adjacent Zoning & North B4 Regional Shopping – offices, clinics Land Use R4 Multifamily Housing – multifamily residences South R1 Single-Family – single-family residences R3 Combined Housing – multifamily residences R4 Multifamily Housing – multifamily residences, townhomes B1 Service Commercial – mixed commercial, offices B2 Commercial – mixed commercial East R1 Single-Family – single-family residences, public park R4 Multifamily Housing – multifamily residences West B3 Business – grocery store, clothing stores, hotel, automotive repair facility, automotive fuel station Comprehensive Plan The site is designated as single family detached residential. #433040 v1 Staff Report – 2013-21P: Subdivision: 9300, 9310 & 9440 Kenton Avenue and 9301 Gross Point Road 1 of 3 SITE INFORMATION  Public sidewalks are present along Gross Point Road, Kenton Avenue, Niles Center Road, Knox Avenue, Kilpatrick Avenue, and Lyons Street.  Overhead utilities run to the west of the running track south of the junior high school.  Five driveways are located along Gross Point Road, 7 driveways are located along Kenton Avenue, and a gated driveway is located at Lyons Street.  The site is directly served by the CTA 54A and 97 buses, which run along Skokie Boulevard, and the Pace 208 bus, which runs along Church Street. The site is indirectly served by the CTA 205 and Pace 215 buses, which run along Golf Road, a block and a half north of the subject site. STAFF ANALYSIS Petitioner’s Submittal The petitioner is requesting to subdivide 42 existing parcels into 3 lots at the property currently addressed as 9300, 9310, and 9440 Kenton Avenue and 9301 Gross Point Road in an R1 Single-Family district. The School District 68 Resubdivision is being requested in order to prepare for the district’s sale of the former Sharp Corner School building. Lot 1 will contain the Old Orchard Junior High building and its associated parking lots and playfields. Lot 2 will contain the District 68 administrative building and its associated parking lots and school district bus lot, and Lot 3 will contain the former Sharp Corner School building and its associated parking lots and playfields. Comments Staff Comment and Review sheets were sent to all pertinent departments. All departments returned the sheets with no comments regarding the subject case. The Planning Division supports the proposed subdivision. The subdivision will meet all requirements of the Village Code and Map Data Policy. STAFF RECOMMENDATIONS Staff recommends that the petitioner’s request to subdivide the subject site be GRANTED subject to conditions listed below: 1. The property must be subdivided pursuant to the School District 68 Resubdivision dated June 20, 2013, revised July 11, 2013, and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. Upon the passage of the ordinance by the Board of Trustees, the Mylar of the School District 68 Resubdivision must be submitted to the Village with all signatures other than Village staff or elected officials. 3. The School District 68 Resubdivision shall be effective upon its recording by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. #433040 v1 Staff Report – 2013-21P: Subdivision: 9300, 9310 & 9440 Kenton Avenue and 9301 Gross Point Road 2 of 3 4. All monuments must be set no later than 1 year after the date of the recording of the plat. 5. The petitioner must submit to the Planning Division electronic files of the plat of subdivision in approved and finalized form. The files must be scaled drawing files in AutoCAD format (version 2010 or older). The drawings must be formatted to SPCS, NAD83, HARN 2007, with SPCS north being straight up, and the primary units in U.S. Survey Feet. All elements must be contained within a single file, no XREF or PDF attachment files shall be used. 6. If work is to be performed on public property or if public property is utilized or impacted during construction and or development, the owner must provide, or must cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. 7. The petitioner must comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. ATTACHMENTS 1. Plat of School District 68 Resubdivision, revised July 11, 2013 2. Land Use and Zoning Map #433040 v1 Staff Report – 2013-21P: Subdivision: 9300, 9310 & 9440 Kenton Avenue and 9301 Gross Point Road 3 of 3 STAFF REPORT 2013-22P: Alley Vacation Community Development Department Council Chambers, 7:30 PM, July 18, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Alley vacation bounded by Payne Street, Tripp Avenue, Golf Road, and Kildare Avenue General Information Location Unimproved alley, as follows: The approximately southern 393 feet of the north-south alley in an area bounded by Payne Street on the north, Tripp Avenue on the east, Golf Road on the south, and Kildare Avenue on the west. Purpose To vacate an unimproved public alley. Petitioner Village of Skokie Size of Site The alley totals approximately 393 feet in length and 16 feet in width. The total area of the alley is approximately 0.144 acres (6,288 S.F.) Existing Zoning & R1 Single-Family – detached residences Land Use Adjacent Zoning & North R1 Single-Family – detached residences Land Use South R1 Single-Family – detached residences East R1 Single-Family – detached residences West R1 Single-Family – detached residences Comprehensive Plan The alley is designated as single family detached residential STAFF ANALYSIS The Village of Skokie is requesting to vacate the southern 393 feet of the north-south unimproved public alley in an area bounded by Payne Street on the north, Tripp Avenue on the east, Golf Road on the south, and Kildare Avenue on the west. The alley presently contains grass, trees, fences, and utility poles and is inaccessible to vehicular traffic. The northern 61.50 feet of the alley will remain public right-of-way because it is improved and provides access to the garage at 4235 Payne Street. The Community Development Department is continuing to implement its alley vacation program which vacates unopened and unimproved residential alleys in the Village that #433104 v1 Staff Report – 2013-22P: Alley Vacation Bounded by Payne Street, Tripp Avenue, Golf Road, and Kildare Avenue 1 of 3 are unnecessary for Village transportation and access needs. In the past, property owners were required to petition the Village to vacate an alley and pay all associated costs involved in the process. In some instances, where the land from the alley increased the street frontage of a lot or its development potential, residents were required to pay for the alleys. The alley proposed to be vacated in this case does not fall under this category. It has been determined that the vacation of alleys will benefit both residents and the Village. Residents will receive minimally increased land area while the Village will reduce maintenance costs. Comments Staff Comment and Review sheets were sent to all pertinent departments. All departments returned the sheets with no comments regarding the subject case. The Planning Division staff supports the proposed alley vacation. There are many similar unopened and unused alleys within the Village. Although they are still Village property and contain utilities, the Village has no intent to open or pave the alleys. Thus, the Village requests to vacate these alleys and return the property to the adjacent property owners. A utility easement over the entire right-of-way will remain so that utility companies can maintain their existing facilities. Once the alley is vacated, the adjacent property owners will be sent a copy of the Plat of Vacation. When the property owners sell their property, their surveyor will prepare a new Plat of Survey indicating the additional land that has been added to the property. Residents may use the additional land as they would any other part of their property, with the exception that structures other than fences may not be constructed in the easement area, and this space must always be maintained for unobstructed drainage. Chapter 5 of the Comprehensive Plan supports the vacation of this alley which represents group number 8 of the alley groups identified for vacation in the Alley Plan. To date, 108 of the 139 alley groups identified have been vacated. STAFF RECOMMENDATIONS Staff recommends that the proposed alley vacation be GRANTED subject to the following conditions: 1. The property shall be vacated pursuant to the Plat of Vacation dated July 10, 2013 and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. 2. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated alleys. #433104 v1 Staff Report – 2013-22P: Alley Vacation Bounded by Payne Street, Tripp Avenue, Golf Road, and Kildare Avenue 2 of 3 3. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 4. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 5. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. ATTACHMENTS 1. Site Photos 2. Plat of Vacation, dated July 10, 2013 3. Land Use and Zoning Map #433104 v1 Staff Report – 2013-22P: Alley Vacation Bounded by Payne Street, Tripp Avenue, Golf Road, and Kildare Avenue 3 of 3 STAFF REPORT 2013-23P: Alley Vacation Community Development Department Council Chambers, 7:30 PM, July 18, 2013 To: Paul Luke, Chairman, Skokie Plan Commission From: Mike Voitik, Planning Technician Re: Alley vacation bounded by Payne Street, Crawford Avenue, Golf Road, and Keystone Avenue General Information Location Unimproved alley, as follows: The approximately southern 34 feet of the north-south alley in an area bounded by Payne Street on the north, Crawford Avenue on the east, Golf Road on the south, and Keystone Avenue on the west. Purpose To vacate an unimproved public alley. Petitioner Village of Skokie Size of Site The alley totals approximately 34 feet in length and 16 feet in width. The total area of the alley is approximately 0.012 acres (544 S.F.) Existing Zoning & R1 Single-Family – detached residences Land Use Adjacent Zoning & North R1 Single-Family – detached residences Land Use South B2 Commercial – trophy store, hair salon, resale shop, dry cleaners, convenience store, full-service restaurant, automotive fuel station, automotive repair facility East R1 Single-Family – detached residences West R1 Single-Family – detached residences Comprehensive Plan The alley is designated as single family detached residential STAFF ANALYSIS The Village of Skokie is requesting to vacate the southern 34 feet of the north-south unimproved public alley in an area bounded by Payne Street on the north, Crawford Avenue on the east, Golf Road on the south, and Keystone Avenue on the west. The alley contains grass, trees, fences, and utility poles and is inaccessible to vehicular traffic. The remainder of the north-south alley was previously vacated in 1952. #433156 v1 Staff Report – 2013-23P: Alley Vacation Bounded by Payne Street, Crawford Avenue, Golf Road, and Keystone Avenue 1 of 3 The Community Development Department is continuing to implement its alley vacation program which vacates unopened and unimproved residential alleys in the Village that are unnecessary for Village transportation and access needs. In the past, property owners were required to petition the Village to vacate an alley and pay all associated costs involved in the process. In some instances, where the land from the alley increased the street frontage of a lot or its development potential, residents were required to pay for the alleys. The alley proposed to be vacated in this case does not fall under this category. It has been determined that the vacation of alleys will benefit both residents and the Village. Residents will receive minimally increased land area while the Village will reduce maintenance costs. Comments Staff Comment and Review sheets were sent to all pertinent departments. All departments returned the sheets with no comments regarding the subject case. The Planning Division staff supports the proposed alley vacation. There are many similar unopened and unused alleys within the Village. Although they are still Village property and contain utilities, the Village has no intent to open or pave the alleys. Thus, the Village requests to vacate these alleys and return the property to the adjacent property owners. A utility easement over the entire right-of-way will remain so that utility companies can maintain their existing facilities. Once the alley is vacated, the adjacent property owners will be sent a copy of the Plat of Vacation. When the property owners sell their property, their surveyor will prepare a new Plat of Survey indicating the additional land that has been added to the property. Residents may use the additional land as they would any other part of their property, with the exception that structures other than fences may not be constructed in the easement area, and this space must always be maintained for unobstructed drainage. Chapter 5 of the Comprehensive Plan supports the vacation of this alley which represents group number 139 of the alley groups identified for vacation in the Alley Plan. To date, 108 of the 139 alley groups identified have been vacated. STAFF RECOMMENDATIONS Staff recommends that the proposed alley vacation be GRANTED subject to the following conditions: 1. The property shall be vacated pursuant to the Plat of Vacation received July 10, 2013 and as may be further revised with the approval of the Village Manager, or designee, and Corporation Counsel. #433156 v1 Staff Report – 2013-23P: Alley Vacation Bounded by Payne Street, Crawford Avenue, Golf Road, and Keystone Avenue 2 of 3 2. Easements shall be reserved for all Village and Village franchised public utilities over the entire area to be vacated. A permanent public drainage easement shall be maintained in the vacated alleys. 3. Property owners shall not alter the grade or change the drainage pattern in the easement area without a permit from the Engineering Division. 4. Other than a fence, no structures or trees shall be constructed or planted within the easement area. 5. The vacation shall be effective upon the recording of a Plat of Vacation by the Village in the Office of the Recorder of Deeds of Cook County, Illinois. ATTACHMENTS 1. Site Photos 2. Plat of Vacation, dated July 10, 2013 3. Land Use and Zoning Map #433156 v1 Staff Report – 2013-23P: Alley Vacation Bounded by Payne Street, Crawford Avenue, Golf Road, and Keystone Avenue 3 of 3 STAFF REPORT 2013-24P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, July 18, 2013 To: Paul Luke, Plan Commission Chairperson From: Steve Marciani, AICP, Planning Supervisor Case: 2013-24P: Special Use Permit Automotive Repair Facility General Information Location 8254 Lincoln Avenue Purpose A request for a special use permit for an automotive repair facility Petitioners Oakton Kilbourn Corporation, on behalf of ATL Automotive/Edward Davis d/b/a All Tune & Lube Size of Site 12,000 ft2 (0.275 acres) Existing Zoning & TX Transit Mixed-Use – vacant, formerly auto parts sales Land Use Adjacent Zoning & North TX Transit Mixed-Use – legal non-conforming Land Use automotive repair in violation of certificate of occupancy and illegal truck rental, restaurant, bar, upper-story residence, offices South TX Transit Mixed-Use – legal non-conforming automotive repair East R4 Multifamily Housing – multifamily residences West R4 Multifamily Housing – multifamily residences R2 Single Family – detached residences Comprehensive Plan The site is designated as transit oriented mixed use. SITE INFORMATION  Public sidewalks and street trees are located along Lincoln Avenue.  Vehicular traffic accesses the site from the alley west of the site.  Overhead utilities run along the west side of the site.  The building setbacks conform to the zoning district.  The site is served by the 210 bus with access to the 97 bus two blocks away. #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 1 of 6 PETITIONERS’ SUBMITTAL The petitioner is requesting a special use permit for an automotive repair facility at 8254 Lincoln Avenue in a TX Transit Mixed-use district. The facility will have 2 service bays. There is a 16-space parking lot behind the building. Until June 30, 2013, the applicant operated All Tune & Lube at 7008 Carpenter Road. The Village received no complaints about the use nor had any record of violations been noted at that location since it opened in 2002. The applicant indicated that they want to be located in Downtown Skokie and have access to amenities such as restaurants, coffee shops, and public transportation for their customers while their vehicles are being prepared. STAFF ANALYSIS Staff Comment and Review sheets were sent to all pertinent departments. Staff comments on the subject case were received from Engineering Division and Planning Division. All other departments returned the sheets with no comments. Engineering Division There are no immediate civil engineering requirements regarding this use. The proposed special use requires 7 off-street parking spaces. The other use on the site, 3C Automotive & Repair at 8256 Lincoln, is permitted to have 2 service bays under its occupancy permit. The space occupied by 3C has been used as an automotive repair facility since before a special use permit was required for that use. 3C’s occupancy permit requires 8 parking spaces. Therefore, 15 parking spaces are required and 16 are provided. However, the petitioner must restripe the parking lot per the attached plan, except that the handicapped parking space must be widened to 16’ per the Illinois Accessibility Code and the driveway from the alley must be reduced to 21’. One bicycle parking space is also required on site. Planning Division Planning is generally supportive of the proposed use. Certain modifications will need to be made to the property to bring it into compliance with the current zoning requirements. Section 118-82 requires that automotive repair across the alley from a residential district have visual screening at least 6’ high along the abutting lot line. The existing fence is less than 6’ high; however, bringing the fence into compliance with code would reduce visual protection for residents across the alley. Staff recommends that the existing fence be allowed to remain and that it be extended 4 feet by the driveway to protect the handicapped parking space that must be widened. This pre-existing building conforms to some of the design guidelines for retail streets, but not others. Staff looked into whether the façade of the building could be altered to add larger windows to the showroom and retail sales portion of the front of the building along the sidewalk. It was determined that increasing the #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 2 of 6  window size would jeopardize the structural integrity of the precast concrete walls. However, Staff is requiring as a condition of this request that automotive parts and other items allowed to be sold in the TX district be marketed as retail for a depth of at least the front room of the building that abuts the sidewalk. There are zoning and other violations for the other tenant on this site that are being addressed separately. APPEARANCE COMMISSION No Appearance Commission review is required for this case. STAFF RECOMMENDATIONS Staff recommends that the petitioners’ request for a special use permit for an automotive repair facility in a TX Transit Mixed-use district be APPROVED subject to the attached Positive Findings of Fact and Recommended Special Use Permit Conditions listed below. Staff further recommends that relief be granted from the zoning chapter Section 118-82 regarding design guidelines for the existing buildings and to allow the existing fence to remain. RECOMMENDED SPECIAL USE CONDITIONS 1. Prior to the hearing of the case before the Board of Trustees, the petitioner must revise the Site Plan to accommodate 1 legal handicapped parking space per the Illinois Accessibility Code and one bicycle parking space. 2. Prior to the passage of the final ordinance, the petitioner shall work with Staff to develop the scope and design of the retail sales area and revise the floor plan accordingly. 3. The petitioner shall develop the Subject Property in substantial conformance with the final Village approved site plan dated July 12, 2013 and floor plan received June 21, 2013. 4. Prior to occupancy, the parking lot must be restriped in accordance with the approved site plan. 5. The existing fence along the rear lot line can remain and must be extended 4 feet at the driveway entrance. 6. There shall be no automobile repair work or washing of vehicles from 10:00 p.m. to 7:00 a.m. 7. All repair work must be performed within a building at all times except inspecting vehicles; adding fluids; and changing tires, batteries, windshield wipers, or light bulbs. 8. Outside storage and display of items for sale or lease, tools, equipment, vehicles, parts, or supplies is prohibited. #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 3 of 6 9. Vehicles and boats are prohibited to be sold, advertised for sale, or, other than operational licensed vehicles owned by the establishment, remain outdoors on the property for more than 10 days. 10. Any vehicle outdoors in need of repair must be parked in a legal parking space and generally screened from view from any public street in rights-of-way abutting the lot or an abutting residential zoning district. Such vehicle is prohibited from being parked outdoors for more than 10 days. 11. Servicing of any vehicle over 8,000 pounds gross weight is prohibited. 12. Repair shall be limited to brakes, mufflers, upholstery work, tire repair and change, lubrication, tune-ups, and minor engine, mechanical, or electrical repair. 13. All fencing, walls, sidewalks, driveways, curbs, wheel stops, parking areas, signage, landscaping, structures, and any other facilities or infrastructure on the Subject Property shall be maintained in a good state of repair, and when needed, be repaired or replaced in a timely manner 14. All new construction, alterations, and remodeling shall meet current International Building and NFPA Life Safety Codes as amended. (Standard) 15. All private and public sidewalks shall be maintained free of snow, ice, sleet, or other objects that may impede travel. (Standard) 16. All off-street parking spaces shall be legibly striped and maintained. (Standard) 17. Any plan to modify parking lot striping must be approved by the Director of Engineering. (Standard) 18. The handicapped parking spaces shall be installed and maintained in compliance with State of Illinois Accessibility Standards and the Skokie Village Code, including required signage. (Standard) 19. Vehicles shall not be allowed to be parked in or otherwise block common driveways, sidewalks, aisles, or other points of access at any time, shall only be parked in designated parking spaces, and shall not overlap the striped lines of designated parking spaces. (Standard) 20. The owner of the Subject Property [and its tenant] shall ensure that employees park on the Subject Property. (Standard) 21. No required parking space on the site may be for the exclusive use of any tenant. (Standard) 22. The petitioner shall obtain all required permits and approvals for improvements to County, State, or Federal rights-of-way from the governing jurisdiction. (Standard) 23. All signage shall conform to the Skokie Village Code. Any sign on the Subject Property that is in violation of that Code must be removed or modified to conform with the Village Code prior to the issuance of an occupancy permit. (Standard) 24. All modifications to building elevations, signage, and landscaping shall be subject to the review and approval of the Skokie Appearance Commission. (Standard) #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 4 of 6 25. The petitioner shall submit to the Planning Division electronic files of the plat of survey, site plan, and landscape plan in their approved and finalized form. The files shall be scaled 2-dimensional drawing files on non-compressed, non-read only CD- ROM *.dwg AutoCAD format. (Standard) 26. Prior to the issuance of building permits, the petitioner shall submit to the Planning Division of the Community Development Department the name, address, and telephone number of the company and contact person responsible for site maintenance in compliance with the special use permit. (Standard) 27. If work is to be performed on public property or if public property is utilized or impacted during construction and/or development, the owner shall provide, or shall cause the developer and/or contractor to provide, the Village of Skokie with a certificate of insurance naming the Village of Skokie as additionally insured for any and all claims related to any and all work. The owner shall hold, and shall cause the developer and/or contractor to hold, the Village of Skokie harmless and indemnify the Village for any and all claims for property damage or personal injury related to work on or use of public property. (Standard) 28. The petitioner shall comply with all Federal and State statutes, laws, rules and regulations and all Village codes, ordinances, rules, and regulations. (Standard) 29. Failure to abide by any and all terms of this Ordinance shall be cause for the Village to initiate hearings to determine whether the subject Ordinance, as well as any applicable business licenses, should be revised or revoked. The petitioner shall pay all costs related to any hearings conducted as a result of non-compliance with any of the provisions of the enabling ordinance. The costs shall include but not be limited to court reporter fees, attorney fees, and staff time required researching and conducting said hearing. (Standard) ATTACHMENTS 1. Proposed Positive Findings of Fact for 2013-23P 2. Site Plan, dated July 12, 2013 3. Floor Plan, received June 21, 2013 4. Memorandum from the Traffic Engineering Division, dated July 11, 2013 5. Land Use and Zoning Map #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 5 of 6 Proposed Positive Findings of Fact 2013-24P: Special Use Permit Community Development Department Council Chambers, 7:30 PM, July 18, 2013 1 Consideration The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, or general welfare; and the proposed building or use at the particular location is necessary or desirable to provide a service or a facility which is in the public interest and will contribute to the general welfare of the neighborhood or community. Findings The automotive repair facility, if operated in compliance with its special use permit, will not endanger the public’s health, safety, morals, or general welfare. The use was already serving Skokie residents at its previous location, 1.5 miles away. 2 Consideration The proposed building or use will not substantially change the character of the neighborhood, will not have an undue adverse effect upon adjacent property or property values in the neighborhood, will not unduly aggravate traffic conditions, and will not unduly burden essential public services such as drainage facilities, public utilities, and those services pertaining to public health, safety, and welfare in general. Findings The existing building has many characteristics of the type of building orientation desired for this neighborhood. An automotive repair use did occupy this location prior to 2004. The use at this location is generally compatible with the pedestrian nature of the street, allowing for continuous and uninterrupted sidewalk and on-street parking along the entire street frontage, with all work being performed indoors. 3 Consideration The proposed building(s) or use will be designed, arranged, and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Findings The building is pre-existing and permits the use of neighboring property in accordance with the applicable district regulations. 4 Consideration The proposed use will not alter or be contrary to the primary purpose of the zoning district of the area in which it is proposed, when its effect is considered in conjunction with the cumulative effect of the number of various special uses of all types already in the adjacent area and in the Village as a whole. Findings The proposed use will not alter or be contrary to the primary purpose of the TX district as amended by the retail street use moratorium by the Village Board. The proposed use should not be in conflict with nearby special uses. 5 Consideration The proposed use and its plan conform to the general intent of the Official Comprehensive Plan. Findings The use is consistent with the site’s designation of transit oriented mixed use in the Comprehensive Plan. #433444v1 Staff Report – 2013-24P: Special Use Permit: Automotive Repair Facility – 8254 Lincoln Avenue 6 of 6