HomeMy WebLinkAboutORDINANCES-2019-007-O-191 /3/2019
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AN ORDINANCE
Granting a Special Use Permit for a Medical Office Located at 705
Main Street in the B2 Business District and the oDM Dempster -Main
Overlay District ("Evanston Family Chiropractic and Wellness Center")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on December 18,
2018, pursuant to proper notice, to consider case no. 18ZMJV-0097, an application filed
by Sean Curry (the "Applicant"), lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 705 Main
Street (the "Subject Property") and located in the B2 Business District and oDM
Dempster -Main Overlay District, for a Special Use Permit to establish, pursuant to
Subsection 6-15-17-5 of the Evanston City Code, 2012, as amended ("the Zoning
Ordinance"), a Medical Office, "Evanston Family Chiropractic and Wellness Center," 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 Medical Office 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 January 14, 2019, 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 approve the application in case no. 18ZMJV-0097; and
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WHEREAS, at its meetings of January 14, 2019 and January 28, 2019,
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 Medical Office on the Subject Property as applied for in case no. 18ZMJV-0097.
SECTION 3: Pursuant to Subsection 6-9-5-3 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: The Applicant may operate the ground floor medical Office
authorized by this ordinance within a reasonable time frame consistent with the
businesses operating within the Dempster -Main business district.
C. Active Retail Storefront Business: The operation of the special use authorized
by this ordinance shall include an expanded retail area with additional retail
goods available to constitute an active retail storefront business.
D. 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.
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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 ordJnance 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 parks 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: Q , 2019 Approved:
Adopted: a*t� 12019 1; 23 , 2019
ephen If Hag6o,ay,
Attest: Approved as to form:
Devon Reid, City Clerk Michelle L. Masoncup, Corporation
Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 7, 8 AND THE EAST 9 1/2 FEET OF LOT 9 IN FOSTER'S ADDITION TO
SOUTH EVANSTON, A SUBDIVISION OF THE SOUTH 276.5 FEET OF THAT PART
OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE
14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF SHERMAN
AVENUE WEST OF RAILROAD, AND NORTH OF LINCOLN STREET (EXCEPT THE
WEST 50 FEET THEREOF OF THE SOUTH 100 FEET THEREOF) IN COOK
COUNTY, ILLINOIS.
PIN: 11-19-117-050-0000
COMMONLY KNOWN As: 705 Main Street, Evanston, Illinois.
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