HomeMy WebLinkAboutORDINANCES-2019-104-O-198/30/2019
104-0-19
AN ORDINANCE
Extending the Time for the Applicant to Obtain a Building Permit to
Construct the Residential Unit in the Planned Development Previously
Authorized by Ordinance 39-0-08
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt legislation and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, it is a well -established proposition under all applicable case
law that the power to regulate land use through zoning regulations is a legitimate means
of promoting the public health, safety, and welfare; and
WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1,
et seq.) grants each municipality the power to establish zoning regulations; and
WHEREAS, pursuant to its home rule authority and the Illinois Municipal
Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston
City Code of 2012, as amended, ("the Zoning Ordinance"); and
WHEREAS, on March 24, 2008, the City Council enacted Ordinance 39-0-
08 by a supermajority vote (9-0), as required by Section 6-3-6-6 of the Zoning Ordinance,
attached hereto as Exhibit 1 and incorporated herein by reference, which, pursuant to the
provisions of the Zoning Ordinance, granted a Special Use Permit for a Planned
Development (the "Planned Development") in the R1 Residential Zoning District and the
104-0-19
Lakeshore Historic District at 318-20 Dempster Street (the "Subject Property"), which is
legally described in Exhibit 1; and
WHEREAS, the Planned Development Ordinance approved the creation
and operation of a seven thousand twenty square feet (7,020 sq. ft.), three (3) unit
multifamily residential Planned Development at the Subject Property (the "Project"); and
WHEREAS, on August 28, 2019, the property owner for the Subject
Property, Geoffrey Bushor (the "Applicant") through his attorney requested an
amendment to the Planned Development in order to extend the timeframes for himself
and any successor in interest to obtain a building permit to construct the residential units
and finish the last phase of the Project (the "Amendment"); and
WHEREAS, City Code Sections 6-3-5-15(A) and 6-8-1-10(A) provide for a
time period for construction of one (1) year unless the City Council approves for an
extended date by which to obtain a building permit in order to allow for a staged
development; and
WHEREAS, the City Council previously approved five (5) extensions
beyond the initial one (1) year period, the first in 2009 and subsequently in 2011, 2013,
2015, and 2017; and
WHEREAS, in order to commence construction of the residential units, the
Applicant requests an amendment to the Planned Development to provide for an
additional one (1) year to obtain a building permit to commence construction of the
residential units in the Project, revising the date to obtain a building permit to be
September 25, 2020 (the "Extension; Request'); and
WHEREAS, on September 9, 2019, the Planning and Development
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104-0-19
Committee ("P&D Committee") held a meeting, in compliance with the provisions of the
Illinois Open Meetings Act (5 ILCS 120/1 et seq), during which it retained jurisdiction over
the Extension Request; and
WHEREAS, during said meeting, the P&D Committee received input from
the public, and carefully deliberated on the Extension Request and the Applicant was
given notice of the P&D and City Council meetings; and
WHEREAS, at its meeting on September 9, 2019, held in compliance with
the provisions of the Illinois Open Meetings Act, the City Council considered the P&D
Committee's deliberations and recommendations, heard public comment, made
findings and considered this Ordinance 104-0-19 and the Extension Request,
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: Pursuant to the terms and conditions of this ordinance and
Sections 6-3-5-15(a) and 6-11-1-10(A)(4) of the Zoning ordinance, the City Council
hereby grants an amendment to the Planned Development Special Use Permit
previously authorized by Ordinance 39-0-08 and subsequently amended in 2009, 2011
2013, 2015, and 2017, respectively, to allow for a one (1) year time extension to the
Applicant to obtain a building permit for the limited purpose of construction of the
residential units at 318-20 Dempster Street in the Planned Development described
herein.
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104-0-19
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council imposes the following conditions on the Special Use Permit granted for
the Planned Development, which may be amended by future ordinance(s), and violation
of any of which shall constitute grounds for penalties or revocation of said Special Use
Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(a) Compliance with Applicable Requirements: The Applicant shall develop
and operate the Planned Development authorized by the terms of this
ordinance in substantial compliance with the following: the terms of this
Ordinance 104-0-19; terms of Ordinance 39-0-08 and subsequently
amended in 2009, 2011, 2013, 2015, and 2017 which have not been
amended by this Ordinance; all applicable City Code requirements; the
Applicant's testimony and representations to the P&D Committee, and the
City Council; and the approved documents on file in this case.
(b) Construction of Residential Units: The Applicant must obtain a building
permit for the construction of a three (3) unit multifamily residential Planned
Development at 318-20 Dempster Street within one (1) year (September 25,
2020). The construction shall be in compliance with all applicable City Code
restrictions, including but not limited to, the construction must be completed
within a period of twenty-four (24) months after issuance of the building
permit.
(c) Changes in Property Use: Any change as to the property's use in the future
must be processed and approved as an additional amendment to the Planned
Development.
(d) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, 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, before the City may issue any
permits pursuant to the Planned Development authorized by the terms of this
ordinance.
SECTION 4: Except as otherwise provided for in this Ordinance 104-0-
19, all applicable regulations of the Ordinance 39-0-08, 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. To the extent that the terms
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104-0-19
and/or provisions of any of said documents conflict with any of the terms herein, this
Ordinance 104-0-19 shall govern and control.
SECTION 5: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, "Applicant" shall be read as "Applicant and its agents,
assigns, and successors in interest" and shall mean Geoffrey Bushor, and any and all
successors, owners, and operators of the Subject Property.
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: 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. To the extent that the terms and provisions of any of said
documents conflict with the terms herein, this ordinance shall govern and control.
SECTION 8: All ordinances or parts of ordinances that are in conflict with
the terms of this ordinance 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 hereby 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.
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104-0-19
Introduced: _Gern�p,i , 2019
Adopted: Se-?Aexn\oec Q , 2019
Attest:
PLid, City Oerk
T--auarcko CDmn a, D-RO3�� co� G\eTK
Approved:
12019
a
atephen H. Hage y, .vGtL
Approved as to form:
&�x &L be &�M�
Michelle L. Masoncup
Corporation Counsel
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104-0-19
EXHIBIT 1
ORDINANCE 39-0-08
-7-
3/3/2008
39-0-08
AN ORDINANCE
Amending the Zoning Ordinance and Granting a Special Use for
a Residential Planned Development at 318-20 Dempster Street
In the R1 Residential Zoning and Lakeshore Historic Districts
WHEREAS, Geoffrey Bushor (the "Applicant"), owner of the
property located at 318-20 Dempster Street (the "Subject Property"), legally
described in Exhibit A, attached hereto and made a part hereof, submitted a
complete application on October 19, 2007, pursuant to the provisions of Title 6 of
the Evanston City Code, 1979, as amended, ("the Zoning Ordinance"),
specifically: Section 6-3-4-5, "Standards for Amendments"; Section 6-3-5,
"Special Uses"; Section 6-8-1-10, "Planned Developments"; Section 6-8-1-10 0
(B)3, "Site Controls and Standards"; and Section 6-8-1-10 (C), "Development
Allowances"; for: an amendment to the text of the Zoning Ordinance to allow
more than one (1) principal use on a zoning lot within the R1, R2, R3, and R4
single-family Zoning Districts when authorized as a Planned Development and
involving an Evanston landmark structure; an amendment to the text of the
Zoning Ordinance to allow Planned Developments with a minimum area of seven
thousand square feet (7,000 sq. ft.) in Residential Zoning Districts if they involve
an Evanston landmark structure; and a Special Use to permit the creation and
operation of a seven thousand twenty square feet (7,020 sq. ft.), three (3)-unit
multifamily residential Planned Development, at the Subject Property, located in
the R1 Residential Zoning and Lakeshore Historic Districts; and
WHEREAS, the Applicant sought approval to allow redevelopment
of the former livery stable in the rear of the Subject Property as a single family
detached dwelling with covered parking, prior to condominium conversion of the
entire Subject Property, including the double house and the new unit in the
redeveloped stable; and
WHEREAS, on January 9, 2008 and pursuant to proper notice, the
Plan Commission and the Historic Preservation Commission held a joint public
hearing on the application, case nos. ZPC 07-06 PD&T and 07 HIS-0230, heard
testimony and received other evidence, and made verbatim transcripts and
written findings; and
WHEREAS, the Plan Commission's written findings state that the
application for the proposed Planned Development meets the standards in
Section 6-3-4-5 of the Zoning Ordinance for text amendments; and
WHEREAS, creation of the Planned Development, as proposed in
the application, requires exceptions from the strict application of the Zoning
Ordinance pertaining to minimum area landscape strips, the maximum number of
dwelling units, setbacks, and building lot coverage; and
WHEREAS, the Plan Commission, with guidance from the Historic
Preservation Commission, exercised the discretionary power granted to it by
Section 6-15-11-4 of the Zoning Ordinance to grant relief to the Applicant from
the minimum area requirements for Planned Developments in Residential Zoning
Districts imposed by Section 6-8-1-10 (B)1(a) of the Zoning Ordinance, thereby
eliminating the need for an amendment to the text of said Section; and
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• • 12
WHEREAS, pursuant to Sections 6-3-6-4, 6-3-6-5, and 6-3-6-6 of
the Zoning Ordinance, the City Council may grant site development allowances
and exceptions to site development allowances that depart from and/or exceed
the normal maximum regulations established in the Zoning Ordinance, provided
that the City Council makes written findings of fact that the exceptions are
essential to achieve one or more of the public benefits described in Section
6-3-6-3 of the Zoning Ordinance; and
WHEREAS, the Plan Commission's written findings state that the
application for the proposed Planned Development meets the standards set forth
in the Zoning Ordinance for: Special Uses per Section 6-3-5-10; conditions for
Planned Developments in the R1 Zoning District per Section 6-8-1-10 (A); site
controls and standards for Planned Developments in the R1 Zoning District per
Section 6-8-1-10 (B); development allowances for Planned Developments in the
R1 Zoning District per Section 6-8-1-10 (C); and provides the public benefit
necessary to exceed site development allowances per Section 6-3-6-3; and
WHEREAS, the Plan Commission recommended the City Council
approve the application, as amended, for an amendment to the text of the Zoning
Ordinance and for a Special Use to construct the proposed Planned
Development, subject to certain conditions; and
WHEREAS, the Historic Preservation Commission granted the
Applicant a Certificate of Appropriateness to allow the creation of the proposed
Planned Development; and
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WHEREAS, at its March 10, 2008 meeting, the Planning and
Development Committee considered and adopted the findings and
recommendations of the Plan Commission, and recommended approval by the
City Council; and
WHEREAS, at its March 24, 2008 meeting, the City Council
considered and adopted the records and recommendations of the Plan
Commission and the Planning and Development Committee,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as facts and
made a part hereof.
SECTION 2: That the City Council hereby amends the text of
Section 6-4-1-6 (B) of the Zoning Ordinance to read as follows:
Except when authorized as part of a planned development, approved
pursuant to section 6-3-6, "Planned Developments", of this title, and
involving an Evanston -designated landmark structure, not more than
one principal use shall be established on a zoning lot within the R-1,
R-2, R-3 and R-4 single-family zoning districts. For all other districts,
except where approved as a mixed use development, not more than,
one principal use shall be established on a zoning lot.
SECTION 3: That the City Council hereby grants the Special Use
applied for in case no. ZPC 07-06 PD&T, to permit the creation and operation of
a multifamily residential Planned Development on the Subject Property. The
creation and operation of said Planned Development shall be in substantial
conformance with the Development Plans, attached hereto as Exhibit B and
made a part hereof, and the terms of this Ordinance.
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SECTION 4: That the City Council hereby finds that exceptions to
the Planned Development requirements and the site development allowances set
forth in Sections 6-8-1-10 (B)3, 6-8-1-10 (C)2(a), 6-8-1-10 (C)3, and 6-8-1-10
(C)4(a) of the Zoning Ordinance, which exceed the normal maximum regulations
established in the R1 Zoning District, are necessary to achieve the following
public benefits, set forth in Section 6-3-6-3 of the Zoning Ordinance:
(A) Preservation and enhancement of desirable site characteristics and open
space. The proposed Planned Development allows for the creation of a
new dwelling unit on the Subject Property, without requiring the creation of
a new structure, through the adaptive reuse of the former livery stable
(B) Preservation and enhancement of historic resources that significantly
contribute to the character of the City. The Applicant proposes to
preserve a historic structure, the former livery stable, through adaptive
reuse as a single family residential building.
(C) Use of design, landscape, or architectural features to create a pleasing
environment or other special development features. The plans for the
redevelopment of the former livery stable maintain its historic appearance
while simultaneously allowing for its rehabilitation and adaptive reuse.
(D) Provision of a variety of housing types in accordance with the City's
housing goals. The proposed Planned Development allows for a new
dwelling unit different than would normally be allowed by the Zoning
Ordinance and which may be more affordable than nearby units.
(E) Elimination of blighted structures or incompatible uses through
redevelopment or rehabilitation. The proposed Planned Development
provides for the rehabilitation and adaptive reuse of the dilapidated stable.
SECTION 5: That, pursuant to the terms and conditions of Section
6-3-6-6 of the Zoning Ordinance and this Ordinance, 39-0-08, the authority to
exceed the following site development allowances is hereby granted by a vote of
at least two-thirds (2/3) of the Aldermen elected to the City Council:
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39-0-08
(A) To allow relief from the requirement of Section 6-8-1-10 (B)3 that, for
Planned Developments in Residential Zoning Districts, all boundaries not
immediately abutting dedicated and improved public streets, the Applicant
shall provide a transition landscaped strip of at least ten feet (10')
consisting of vegetative screening, fencing, or decorative walls.
(B) To allow three (3) dwelling units on the Subject Property. The Zoning
Ordinance allows one (1) dwelling unit on the Subject Property. Section 6-
8-1-10 (C)2a allows for a site development allowance of zero (0) additional
dwelling units.
(C) To allow two (2) of the dwelling units be setback fourteen and twenty-two
hundredths feet (14.22') from the side yards and one (1) dwelling unit
setback zero feet (0') from the side and rear yard line. Section 6-8-2-8
establishes a variety of yard and setback requirements in the R1 Zoning
District. Section 6-8-1-10 (C)3 allows for a site development allowance to
permit the location and placement of buildings may vary from that
otherwise permitted in the residential districts, provided that no dwelling be
closer than fifteen feet (15') from any street or development boundary line
and that no two (2) residential buildings be closer than twelve feet (12') to
each other within the Planned Development.
(D) To allow a maximum building lot coverage of fifty-seven and nine -tenths
percent (57.9%). Section 6-8-2-7 sets the maximum lot coverage in the
R1 district at thirty percent (30%). Section 6-8-1-10 (C)4(a) allows for a
site development allowance of an additional ten percent (10%), yielding a
total of forty percent (40%).
SECTION 6: That, pursuant to Section 6-3-5-12 of the Zoning
Ordinance, the City Council hereby imposes the following condition on the grant
of the requested Special Use for a Planned Development:
(A) Development and use of the Subject Property shall be in substantial
compliance with all applicable legislation, with the testimony and
representations of the Applicant to the Historic Preservation Commission,
the Plan Commission, the Planning and Development Committee, and the
City Council, and with the approved plans and documents on file in
this case.
—6—
39-0-08
SECTION 7: That, 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 8: That the Applicant shall record a certified copy of this
Ordinance, at its cost, including all Exhibits attached hereto, with the Cook
County Recorder of Deeds, before the City may issue any permits related to the
creation of the proposed Planned Development hereby authorized.
SECTION 9: That, when necessary to effectuate the terms,
conditions, and purposes of this Ordinance, "Applicant" shall read as "Applicant's
agents, assigns, and successors in interest."
SECTION 10: That if any provision of this Ordinance or application
thereof to any person or circumstance is held 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 11: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 12: That this Ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
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Qn • 1:,
Introduced: r V A't"?_ A /& , 2008 Approved:
Adopted: Ocx" v),q , 2008 V�LAA_,e /11 IS , 2008
Attest:
Mary -.. rrio, City Clerk
t
e H. Morton, Mayor
A � noved as to form:
Herbert D. Hill
First Assistant Corporation Counsel
• • 1:
EXHIBIT A
LEGAL DESCRIPTION OF 318-20 DEMPSTER STREET
LOT 1 AND 2 in D.H. WHEELER's SUBDIVISION OF LOTS 22, 23 AND 34 in
BLOCK 74 IN VILLAGE OF EVANSTON AS PER PLAT RECORDED IN THE
RECORDER'S OFFICE OF COOK COUNTY, ILLINOIS, IN BOOK 3 OF PLATS
PAGE 38 AS DOCUMENT 68471 IN COOK COUNTY, ILLINOIS.
—9—
EXHIBIT B
DEVELOPMENT PLANS
GRAPHIC SCALE PROFESSIONALS ASSOCIATED SURVEY, INC.
b t M % Y twpYfpr. Ofaft. ,w>. s- .w+•.Mt)
.77
r- a r oo a r.rrr - we.w .« aoa n
r w.f:ron ALTA/AC'.SM LAND TITLE SURVEY
OF
s^.er.'°[�°w).,<.°d �.�`iSw'.n`,'�°^:vo i e!":�,t,[.'.3ti:.i o.w°h:r'•:.wa^.".'::;r:toda'�:�,.:�•:..�wf: '"'
....ar ..w .. m sw.•e .ter.
.« a.f-ate ea.•[rf+ nwan, sv.,waw..u.row.
PARK
BURNHAM
CONDOMINIUM
� n9 _
Stephen R Knutson AIA
ARCHITEC
i234 SHERMAN AVENUE
,VANSTON. 202 IIJJNOtS 60i °;•"
28 December 2007
Response to 14 Dec Me,no from Bill }
Denkley Regarding Application for t
planned Devolopment alld Te"I
Amencinwitt for
] atb Ipa,ar.
I `
318-320 Dempster Street ; €
Evanston Illinois ,.11
SITE PLAN NOT _ ` ` -I� or
• 1
Parking Spaces #1 and #2
1 5" diameter tree
a .•
Drainage plan nut 1 2 o
applicable because roof of
Stable drains xo, oo * Ilo •�3^,._
with out gutters onto three ---
alleys.
I
I�! Parking Spaces #3 #4 and nor j
! #5 ��`�''� fro" w.cK _ y
Property is surrounded by t f
public ways; Dempster St
.i
on the north and alleys on "qpo"'s
the west, south, and east �•
00yi f
EXHIBIT "O"
n VK'111
-
ltear (south) three <luarters
I,,, , . i,. beasat3att7ynot, 41,60tx.So
the rront yard slopes f ` "•a �. M ') �E� «.:.�..
toward Dempster Street ,,, , , a„• ,,+t`".[ a >.
OWCMS— ur[ 101 TO oc -3 � "1.Y2�.'�c.: ��K.., )�+.ii--.w+ �ro� .> r'n"s•' ' 'o' °[ •"
•aavuco rno.. sCwrrc Q '},b ••> r >,,,� �.••....•)..wµ> �b
ca o0owe.. o._[[..o �uoo >.n•'"':.L4 .:': Liy..Y:.i[...°' �a�.�n.>.
[o+u, r wow. ro reca 3 :, a. . S::...'«:..s'•`."�°"� .'. °'7 ;.,Y'iU...""'� .`��•a4"�A�IY'�.
awo[n[o m. NrwM• a. ,w ^I,w. `ft+t'%.
WZ" . OI a—
_10-
39-0-08
tt
It
BUSHOR STABLE REMODELING
.118/320 DEMKrER AVENUE
INAWMN, IUINOIS 60202
-11-
3E
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BUSHOR STABLE REMODELING — - T
0 OE _ 318/32MI'31•t•:H AV2iNUE I awn wa
EVANS ON, HUNOIS 60202