File #: 21-0442    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 3/25/2021 In control: City Council
On agenda: 4/7/2021 Final action:
Title: Pass the ordinance granting a four-year extension to the temporary use approved through Ordinance 17-059 and approving an amended Owner's Acknowledgement and Acceptance Agreement for the property located at 433-435 Spring Avenue
Attachments: 1. Ordinance, 2. Exhibit A- Legal Description, 3. Exhibit B - Plat of Survey, 4. Exhibit C - Ordinance 17-059, 5. Exhibit D - Extension Request, 6. Exhibit E - OAA Amended, 7. Attachment 1 - OAA Requirements, 8. 4-18-17 CC Agenda Item
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance granting a four-year extension to the temporary use approved through Ordinance 17-059 and approving an amended Owner's Acknowledgement and Acceptance Agreement for the property located at 433-435 Spring Avenue
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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. The petitioner is requesting approval of a four-year extension to the temporary use approved through Ordinance 17-059 and an amended Owners' Acknowledgement and Acceptance Agreement (OAA) 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 April 18, 2025, subject to certain conditions and requirements.

Ordinance 17-059
In 2008 the subject property was rezoned (Ordinance 08-005) from I (Industrial District) to R2 (Single-family and Low-density Multiple-family Residence District), in accordance with the recommendation of the Spring Avenue Study. The rezoning ordinance permitted the "product assembly facility" operating at that time (DuPage Precision) to continue in accordance with the provisions of Municipal Code Section 6-10 (Nonconforming Uses).

In 2017, Kramer Restoration requested approval to permit Paul Davis Restoration to operate on the subject property. Because Paul Davis Restoration was not substantially similar to the product assembly facility, it could not operate on the subject property under the Nonconforming Uses provisions of the Naperville Municipal Code. Accordingly, Kramer Restoration sought approval a temporary use to allow for the operation of his restoration company at t...

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