HomeMy WebLinkAboutORDINANCES-2020-003-O-2012/16/2019
3-0-20
AN ORDINANCE
Granting A Major Zoning Variation for Off -Street Parking in the R5
General Residential District and oCSC Central Street Corridor Overlay
District
(2008 Harrison Street)
WHEREAS, the Zoning Board of Appeals ("ZBA") met on December 3,
2019, pursuant to proper notice, to consider case no. 19ZMJV-0095, an application filed
by John Fell, owner of the property legally described in Exhibit A, attached hereto and
incorporated herein by reference, commonly known as 2008 Harrison Street (the
"Subject Property") and located in the R5 General Residential District and the oCSC
Central Street Corridor Overlay District, seeking approval of a major zoning variation from
Table 16B of Section 6-16-2 of the Evanston City Code, 2012, as amended ("the Zoning
Code"), to permit four (4) off-street parking spaces where seven (7) off-street parking
spaces are required 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 met the standards for Major
Variations set forth in Subsection 6-3-8-12(E) of the Zoning Code and recommended City
Council approval thereof; and
WHEREAS, at its meeting of January 13, 2020, the Planning and
Development Committee of the City Council ("P&D Committee") received input from the
public, carefully considered the ZBA's record and findings and recommended the City
Council approve the Major Variation, as requested; and
3-0-20
WHEREAS, at its meetings of January 13, 2020 and January 27, 2020,
the City Council considered the ZBA's and P&D Committee's records, findings, and
recommendations, and adopted the recommendation of the P&D Committee,
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, pursuant to Subsection
6-3-8-1 O(D) of the Zoning Code, the Major Variation on the Subject Property applied for
in case no. 19ZMJV-0095 and described hereinabove.
SECTION 3: The Major Variation approved hereby is as follows:
A. To permit the property owner to provide four (4) off-street parking spaces where
seven (7) parking spaces are required by Table 16B of Section 6-16-2 of the
Zoning Code.
SECTION 4: Pursuant to Subsection 6-3-8-14 of the Code; the City
Council hereby imposes the following conditions on the Major Variation 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) Compliance with Requirements: The Applicant shall develop and use the
Subject Property in substantial compliance with all applicable legislation, with the
testimony and representations of the Applicant to the ZBA, the P&D Committee,
and the City Council, and the approved plans and documents on file in this case.
(B) Recordation: The Applicant shall, at its cost, record a certified copy of this
ordinance, including all Exhibits attached hereto, with the Cook County Recorder
of Deeds, and provide proof of such recordation to the City.
-2-
3-0-20
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."
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.
—3~
3-0-20
Introduced:_L:hLiA-),r9 10 , 2019 Approved:
Adopted: -febroww c2 4 , 2019 , 2019
Stephen H. Hagerty
Attest: Approved as to form:
&L'r'el L��
-F- cav'v �o�x l ;eO�C,�J C\ec\�
--?2 '�Fr _ . _
Nicholas Cummings, De City Attorney
-4-
3-0-20
EXHIBIT A
LEGAL DESCRIPTION
Lot 15 in Block 17 in North Evanston in part of Quilmette Reservation in Section 12,
Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County,
Illinois.
PINs: 10-12-108-015-0000
COMMONLY KNOWN As: 2008 Harrison Street, Evanston, Illinois.
-5-