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HomeMy WebLinkAboutORDINANCES-2020-061-O-205/26/2020 61-0-20 AN ORDINANCE Granting a Special Use Permit for Indoor Commercial Recreation Located at 2678 Green Bay Road in the C2 Commercial District and Central Street Corridor Overlay District ("Total Sona Fitness") WHEREAS, the Zoning Board of Appeals ("ZBA") met on May 19, 2020, pursuant to proper notice, to consider case no. 20ZMJV-0007, an application filed by Dylan Johnson (the "Applicant"), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2678 Green Bay Road (the "Subject Property") and located in the C2 Commercial District and Central Street Corridor Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-15-14-5 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), Indoor Commercial Recreation, "Total Sona Fitness," on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for Indoor Commercial Recreation met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of June 8, 2020, the Planning and Development Committee of the City Council ("P&D Committee") considered the ZBA's record and findings and recommended the City Council accept the ZBA's recommendation and approved the application in case no. 20ZMJV-0007; and 61-0-20 WHEREAS, at its meetings of June 8 and June 22, 2020, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 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 approves the Special Use Permit for Indoor Commercial Recreation on the Subject Property as applied for in case no. 20ZMJV-0007. SECTION 3: Pursuant to Subsection 6-3-5 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant's Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant's testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case.. B. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: 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." 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. IMA 61-0-20 SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: The findings and recitals contained 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. Introduced: Adopted June 8th June 22nd Attest: Cl Devon Reid, City Clerk , 2020 Approved: , 2020 June 24 Stephen H. Hagerty, Mayor , 2020 Approved as to form: Kelley A. Gandurski, Corporation Counsel -3- 61-0-20 EXHIBIT A LEGAL DESCRIPTION Lot 1 in Plat of Consolidation recorded May 10, 1989, as Document 89210858 of Lots 8 and 9 in Block 24 in Stewart's Resubdivision of Blocks 22, 23, 24, and 26 in North Evanston, being a Subdivision of Lots 11 to 16, both inclusive, and the West 4.30 acres of Lot 17 of George Smith's Subdivision (except the North 240 acres) of the South Section of Ouilmette Reservation in Township 42 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois. PIN: 05-34-417-029-0000 COMMONLY KNOWN As: 2678 Green Bay Road, Evanston, Illinois. M,2