File #: 24-1379    Version: 1
Type: Ordinance Status: Passed
File created: 11/21/2024 In control: City Council
On agenda: 12/3/2024 Final action: 12/3/2024
Title: Pass the ordinance granting a six-month extension to the temporary use and OAA granted through Ordinance 17-059 and extended through Ordinance 21-038 for the property located at 433-435 Spring Avenue
Attachments: 1. Extension Ordinance, 2. Signed Addendum to Amended OAA, 3. Letter From Richard Kraemer
Related files: 25-0488

CITY COUNCIL AGENDA ITEM

 

ACTION REQUESTED:
title

Pass the ordinance granting a six-month extension to the temporary use and OAA granted through Ordinance 17-059 and extended through Ordinance 21-038 for the property located at 433-435 Spring Avenue

body

 

DEPARTMENT:                     Transportation, Engineering and Development

 

SUBMITTED BY:                     Allison Laff, AICP, Deputy Director

 

BOARD/COMMISSION REVIEW:
N/A

 

BACKGROUND:

The petitioner, Kramer Restoration of DuPage County L.L.C, is the owner of the property located at 433-435 Spring Avenue and is requesting approval of a six-month extension to the temporary use approved through Ordinance 17-059, and extended through Ordinance 21-038, and an addendum to the Amended Owner’s Acknowledgement and Acceptance Agreement (OAA) included in these approvals for the subject property. 

 

Said approval would allow for an insurance contractor (Paul Davis Restoration), specializing in remediation and reparation of fire and water damage to residential and commercial structures, to continue to operate at the subject property through October 18, 2025, subject to certain conditions and requirements. 

 

DISCUSSION:

In 2008, the subject property was rezoned from I (Industrial District) to R2 (Single-Family and Low-Density Multiple Family Residence District), in accordance with the recommendations of the Spring Avenue Study.  At the time of rezoning, the subject property had been occupied by DuPage Precision, a product assembly facility.

 

In 2017, the petitioner requested approval to operate Paul Davis Restoration at the subject property.  Based on the property’s R2 zoning, the proposed use was not permitted.  However, given the continued industrial operations occurring along this section of Spring Avenue, the City Council granted a temporary use (Ordinance 17-059) to permit Paul Davis Restoration to operate their business on the subject property through April 18, 2021.

 

In 2021, the City Council granted an extension to the temporary use approved (Ordinance 17-059) to permit Paul Davis Restoration to continue operations through April 18, 2025 or within six months of the expiration or termination of Ozinga’s lease of 515 Spring Avenue, whichever occurs first (Ordinance 21-038). 

 

On September 24, 2024, Richard Kramer, property owner and owner of Paul Davis Restoration, submitted a request for a six-month extension to Ordinance 21-038.  Mr. Kramer noted that he is currently negotiating the sale of his business and that he would like to continue on-site operations until the closing is finalized.  Mr. Kramer also noted his intention to redevelop the subject property following sale of his business.

 

Staff Recommendation

The City has not received any complaints regarding Paul Davis Restoration’s use of the subject property since 2017.  The proposed temporary use extension incorporates all prior terms and conditions applicable to the subject property and includes a signed addendum to the OAA for the subject property.  Staff supports the requested temporary use extension through October 18, 2025. 

 

FISCAL IMPACT:

N/A