HomeMy WebLinkAboutORDINANCES-2019-158-O-1911/11/2019
158-0-19
AN ORDINANCE
Granting Major Variation at
1570 Oak Avenue
WHEREAS, Oak Ridge Property Evanston LLC, (the "Applicant"), owner
of the property commonly known as 1570 Oak Avenue (the "Subject Property"), located
within the R6 General Residential Zoning District and legally described in Exhibit A,
attached hereto and incorporated herein by reference, submitted an application seeking .-
approval of a Major Variation from Subsection 6-16-2-1(B)(2) of the Evanston City
Code of 2012, as amended ("the Zoning Code"), permitting the lease of fifty-seven (57)
required off-street parking spaces in a lot more than one thousand (1,000) feet from the
Subject Property; and
WHEREAS, the Applicant requests the following Major Variation related to
the Subject Property:
(1) To lease fifty-seven (57) required off-street parking spaces in a lot more than one
thousand (1,000) feet from the Subject Property where the lease of parking
spaces from the City more than one thousand (1,000) feet from the lot requiring
said parking is not permitted pursuant to Zoning Code Subsection 6-16-2-1(B)(2).
WHEREAS, on October 15, 2019, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held public hearings :in case no. 19ZMJV-0081 to consider
the application, received testimony, and made written records and 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
158-0-19
WHEREAS, at its meeting on November 25, 2019, the Planning and
Development ("P&D") Committee of the City Council considered the ZBA's
recommendation and recommended City Council approve the Major Variation, as
requested; and
WHEREAS, at its meeting on December 9, 2019, the City Council
considered 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 hereby 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
6-3-8-10(D) of the Zoning Ordinance, the Major Variations on the Subject Property
applied for in case no. 19ZMJV-0081 and described hereinabove.
SECTION 3: The Major Variation approved hereby is as follows:
(A) To permit the lease fifty-seven (57) required off-street parking spaces in a lot
more than one thousand (1,000) feet from the Subject Property where the lease
of parking spaces from the City more than one thousand (1,000) feet from the lot
requiring said parking is not permitted pursuant to Zoning Code Subsection 6-16-
2-1(B)(2).
SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance,
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 Ordinance:
(A) Compliance with Requirements: The Applicant shall develop and use the
Subject Property in substantial compliance with all applicable legislation,, with the
-2-
158-0-19
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.
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 6: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance 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—
158-0-19
Introduced: o,S , 2019
Adopted: 'Dec�)Dec" q , 2019
Attest:
Approved:
2019
atephen . Hag r
Approved as to form:
$4
Michelle L. Masoncub, Corporation
dUgYdd C�,p��j C��"j CtieiK Counsel
158-0-19
EXHIBIT A
Legal Description
The North 66 2/3 feet of Lot 4 in Block 61 in Evanston in Section 18, Township 41
North, Range 14 East of the Third Principal Meridlan, in Cook County, Illinois.
PIN: 11-18-308-008-0000
Commonly Known As: 1570 Oak Avenue, Evanston, Illinois.
-5-