HomeMy WebLinkAbout119-O-22 Approving Major Variations for (3) Permanent Signs for the Property Located at 1603 Orrington Avenue11/14/2022
119-O-22
AN ORDINANCE
Approving Major Variations for (3) Permanent Signs for the Property
Located at 1603 Orrington Avenue
WHEREAS, the City of Evanston is a home-rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970,
states that the “powers and functions of home rule units shall be construed liberally,”
was written “with the intention that home rule unit be given the broadest powers
possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and
WHEREAS, it is a well-established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and,
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and,
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the
Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and
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WHEREAS, Golub Realty Services, LLCS, applicant on behalf of GRE
GOCO Orrington Owner, LLC, owner of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 1603
Orrington Avenue (the “Subject Property”) and located in the D3 Downtown Core
Development District, filed an application, case no. 22ZMJV-0084, seeking approval of
Major Variations from Section 6-19 of the Evanston City Code, 2012, as amended (“the
Zoning Code”), to permit three (3) new permanent signs on the Subject Property signs
as depicted on the plans presented at the public hearing or at the public meeting of the
City Council, which was considered by the Land Use Commission (“LUC”) November 9,
2022; and
WHEREAS, the LUC, after hearing testimony and receiving other
evidence, made a written record and written findings that the application met the
standards for Major Variations set forth in Subsection 6-3-8-12(E) of the Zoning Code
and by a vote of 6 “yays” and 1 “nay” with 3 Commissioners absent, recommended City
Council approval with conditions of the application for the Major Variations and
recommended City Council approval thereof; and
WHEREAS, at its meeting on November 14, 2022, the Planning and
Development Committee of the City Council (“P&D Committee”) received input from the
public, carefully considered the LUC’s record and findings and recommended the City
Council approve the Major Variations, as requested; and
WHEREAS, at its meeting of November 14, 2022, held in compliance with
the Open Meetings Act and the Zoning Ordinance, considered the LUC’s and P&D
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Committee’s records, findings, and recommendations, and adopted the
recommendation of the P&D Committee,
WHEREAS, it is well-settled law that the legislative judgment of the City
Council must be considered presumptively valid (see Glenview State Bank v. Village of
Deerfield, 213 Ill. App.3d 747) and is not subject to courtroom fact-finding (see National
Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are found as fact and incorporated
herein by reference.
SECTION 2: The City Council hereby adopts the P&D Committee’s
records, findings, and recommendations, and hereby approves the Major Variations on
the Subject Property, as applied for in zoning case no. 22ZMJV-0084, pursuant to
Subsection 6-3-8-10(D) of the Zoning Code, and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
1. To allow two (2) Tall Building Identification Signs for an occupant not occupying
the second through top floors of an existing six story or taller building, where it is
required that the occupant must occupy between the second and top stories in
buildings six stories or higher (Section 6-19-9(A)(6));
2. To allow two (2) Tall Building Identification Signs, each with a sign surface area
of two hundred (200) square feet, where no more than one hundred (100) square
feet per sign is permitted (Section 6-19-9(A)(6));
3. To allow one (1) Tall Building Identification Sign on a façade not parallel to a
public thoroughfare where it is required to be parallel to a public thoroughfare
(Section 6-19-9(A)(6));
4. To allow external illumination of two (2) Tall Building Identification signs where
only internal illumination through the lettering and graphic elements of the sign is
permitted (Section 6-19-7(M)(4));
5. To allow two (2) Freestanding Signs along the Orrington Avenue frontage of the
subject property where only one (1) is permitted (Section 6-19-9(B)(1));
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6. To allow a total combined surface area of all signs on the subject property of
approximately seven hundred ninety-five (795) square feet where no more than
five hundred (500) square feet is permitted (Section 6-19-8(D)(2));
7. To allow an occupant of approximately seventeen (17) percent of the floor area
of the existing building on the subject property to use approximately fifty-six point
five (56.5) percent of the total surface area of all signs where occupants are
limited to a sign surface area proportional to the floor area ratio which they
occupy (Section 6-19-8(D)(2)); and
8. Any other zoning relief as necessary to allow the proposed signs as depicted on
the plans.
SECTION 4: Pursuant to Subsection 6-3-8-14 of the Code, the City
Council hereby imposes the following conditions on the Major Variations granted
hereby, violation of any of which shall constitute grounds for penalties or revocation
thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Code:
(A) The tall building identification signs shall include dimmer switches to allow the
illumination to be adjusted.
(B) The tall building identification signs shall be turned off by 11:00 P.M. daily.
(C) The applicant shall use a third-party service to certify mounting and installation of
the tall building signage is consistent with the approved plans.
(D) All signage for the tenant shall be removed upon termination of the lease for said
tenant.
(E) No additional tall building signage shall be approved at the subject property.
(F) Signage shall be reviewed by Bird Friendly Evanston to provide
recommendations on timing of the tall building signage lighting prior to issuance
of the building permit.
(G) The signage shall be constructed and located at the property in substantial
compliance with the documents and testimony on record.
SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns,
and successors in interest.”
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SECTION 5: This ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
SECTION 6: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Code and the entire City Code shall apply to the
Subject Property and remain in full force and effect with respect to the use and
development of the same.
SECTION 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 10: The findings and recitals herein are declared to be prima
facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
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Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
Introduced:_________________, 2022
Adopted:___________________, 2022
Approved:
__________________________, 2022
_______________________________
Daniel Biss, Mayor
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November 14
November 14
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November 16
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: LOTS 6 AND 7 IN BLOCK 19 IN EVANSTON IN SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS, AND LOT 1 IN THE SUBDIVISION OF LOTS 8 AND 9 IN BLOCK 19 IN EVANSTON
IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS, TOGETHER WITH ALL OF THE 16 FOOT
VACATED ALLEY LYING NORTHERLY OF AND ADJOINING SAID LOT 1.
PARCEL 2: LOTS 2, 3 4 AND 5 IN THE SUBDIVISION OF LOTS 8 AND 9 IN BLOCK 19 IN
EVANSTON, TOGETHER WITH ALL OF THE 16 FOOT VACATED ALLEY LYING
NORTHERLY OF AND ADJOINING SAID LOTS 2, 3, 4 AND 5, IN SECTION 18, TOWNSHIP
41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS.
PARCEL 3: LOT 4 AND LOT 5 IN BLOCK 19 IN EVANSTON IN SECTION 18, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS, EXCEPT THAT PART OF SAID LOTS 4 AND 5 IN BLOCK 19 INCLUDED IN THE
FOLLOWING PARCEL: THAT PART OF LOTS 4 AND 5 TAKEN AS A SINGLE TRACT, IN
BLOCK 19, IN EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE
SOUTH ON THE WEST LINE OF SAID TRACT, 100.56 FEET TO THE NORTH FACE, AND
ITS EXTENSION OF A BRICK WALL; THENCE EAST ALONG THE NORTH FACE AND ITS
EXTENSION OF SAID BRICK WALL, 210.44 FEET TO THE EAST LINE OF SAID LOTS 4
AND 5; THENCE NORTH ON THE EAST LINE OF SAID TRACT, 100.10 FEET TO THE
NORTHEAST CORNER OF LOT 4; THENCE WEST ON THE NORTH LINE OF SAID LOT 4,
210.42 FEET TO THE PLACE OF BEGINNING, SAID TRACT TO HAVE A LOWER LIMIT OF
19.66 FEET, CITY OF EVANSTON DATUM, WHICH LIES WITHIN AN UNDISTURBED
CONCRETE SLAB, USED AS A FLOOR FOR SAID TRACT AND USED AS A CEILING FOR
AN UNDERGROUND PARKING GARAGE.
PARCEL 4: A NON-EXCLUSIVE PERPETUAL EASEMENT APPURTENANT TO AND FOR
THE BENEFIT OF PARCELS 1, 2 AND 3 FOR INGRESS AND EGRESS FOR
UNDERGROUND PARKING, AND USE OF LOADING DOCKS AND PARKING FACILITY AS
GRANTED IN INSTRUMENTS DATED JULY 20, 1967 AND RECORDED JANUARY 8, 1968
AS DOCUMENT 20373494 FOR UNDERGROUND PARKING, AS AMENDED BY
COMPREHENSIVE AMENDMENT TO EASEMENTS AFFECTING BANK PLAZA PROJECT
RECORDED MAY 14, 1970 AS DOCUMENT NUMBER 21158852; AND USE OF LOADING
DOCKS AND PARKING FACILITY AS ESTABLISHED BY INSTRUMENT DATED MARCH 29,
966 AND RECORDED JULY 8, 1968 AS DOCUMENT NUMBER 20543869 AND AMENDED
BY DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS DATED
SEPTEMBER 21, 1995 AND RECORDED SEPTEMBER 25, 1995 AS DOCUMENT NUMBER
95645919 AND AS FURTHER AMENDED BY FIRST AMENDMENT TO DECLARATION OF
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EASEMENTS, COVENANTS AND RESTRICTIONS DATED JUNE 26, 1996 AND RECORDED
JULY 8, 1996 AS DOCUMENT NUMBER 96517582.
PARCEL 5: THAT PART OF LOTS 4 AND 5, TAKEN AS A SINGLE TRACT, IN BLOCK 19, IN
EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 4; THENCE SOUTH ON THE
WEST LINE OF SAID TRACT, 100.56 FEET TO THE NORTH FACE AND ITS EXTENSION OF
A BRICK WALL; THENCE EAST ALONG THE NORTH FACE AND ITS EXTENSION OF SAID
BRICK WALL, 210.44 FEET TO THE EAST LINE OF SAID LOTS 4 AND 5; THENCE NORTH
ON THE EAST LINE OF SAID TRACT, 100.10 FEET TO THE NORTHEAST CORNER OF LOT
4; THENCE WEST ON THE NORTH LINE OF SAID LOT 4, 210.42 FEET TO THE PLACE OF
BEGINNING, SAID TRACT TO HAVE A LOWER LIMIT OF 19.66 FEET, CITY OF EVANSTON
DATUM, WHICH LIES WITHIN AN UNDISTURBED CONCRETE SLAB, USED AS A FLOOR
FOR SAID TRACT AND USED AS A CEILING FOR AN UNDERGROUND PARKING
GARAGE.
PARCEL 6: A NON-EXCLUSIVE PERPETUAL EASEMENT APPURTENANT TO AND FOR
THE BENEFIT OF PARCEL 5 FOR INGRESS AND EGRESS FOR UNDERGROUND
PARKING, AND USE OF LOADING DOCKS AND PARKING FACILITY AS GRANTED IN
INSTRUMENTS DATED JULY 20, 1967 AND RECORDED JANUARY 8, 1968 AS DOCUMENT
NUMBER 20373494 FOR UNDERGROUND PARKING, AS AMENDED BY COMPREHENSIVE
AMENDMENT TO EASEMENTS AFFECTING BANK PLAZA PROJECT RECORDED MAY 14,
1970 AS DOCUMENT NUMBER 21158852; AND USE OF LOADING DOCKS AND PARKING
FACILITY AS ESTABLISHED BY INSTRUMENT DATED MARCH 29, 1968 AND RECORDED
JULY 8, 1968 AS DOCUMENT NUMBER 20543869 AND AMENDED BY DECLARATION OF
EASEMENTS, COVENANTS AND RESTRICTIONS DATED SEPTEMBER 21, 1995 AND
RECORDED SEPTEMBER 25, 1995 AS DOCUMENT NUMBER 95645919 AND AS FURTHER
AMENDED BY FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS
AND RESTRICTIONS DATED JUNE 26, 1996 AND RECORDED JULY 8, 1996 AS
DOCUMENT NUMBER 96517582.
COMMONLY KNOWN AS: 1603 ORRINGTON AVENUE
PINs: 11-18-306-005-0000, 11-18-306-007-0000, 11-18-306-032-0000, 11-18-306-034-0000,
11-18-306-035-0000, 11-18-306-036-0000
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EXHIBIT B
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EXHIBIT C
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