HomeMy WebLinkAboutORDINANCES-2020-063-O-205/26/2020
63-0-20
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at
1906 Main Street in the C1 Commercial District
("4 Suns Fresh Juice")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on May 19, 2020,
pursuant to proper notice, to consider case no. 20ZMJV-0023, an application filed by
Gabrielle J. Aguilar (the "Applicant"), lessee of the property legally described in Exhibit
A, attached hereto and incorporated herein by reference, commonly known as 1906
Main Street (the "Subject Property') and located in the C1 Commercial District, for a
Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of the Evanston City
Code, 2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant 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
a Type 2 Restaurant 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-0023; and
63-0-20
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 a Type 2 Restaurant on the Subject Property as applied for in case no. 20ZMJV-
0023.
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. Hours of Operation: Hours of operation of the restaurant shall not exceed 6
A.M. to midnight, seven (7) days a week.
C. 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."
WA
63-0-20
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: 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: June 8th , 2020 Approved:
Adopted: June 22nd . 2.020 June 24 , 2020
MAe-�
Stephen H. Hagerty, Mayor
Attest: Approved as to form:
C� \4-
Devon Reid, City Clerk Kelley A. Gandurski, Corporation Counsel
-3-
63-0-20
EXHIBIT A
LEGAL DESCRIPTION
Lots 1-8, both inclusive, together with vacated 40 ft. alley lying South of and adjoining
said Lots 1 and 2 in Burton's Resubdivision of Lots 1 to 5, both inclusive, in Block 1 in
Harbert and Richard's Addition to South Evanston, a Subdivision of the East Third of the
North Half of the Southwest Quarter of Section 24, Township 41 North, Range 13, East
of the Third Principal Meridian, in Cook County, Illinois.
PIN: 10-24-304-038-0000
COMMONLY KNOWN As: 1906 Main Street, Evanston, Illinois.
me