HomeMy WebLinkAboutORDINANCES-2019-106-O-199/3/2019
9/13/2019
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AN ORDINANCE
Granting a Special Use Permit for a Domestic Animal Daycare Center
and Kennel Located at 1245 Hartrey Avenue in the 12 General
Industrial District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on August 27,
2019, pursuant to proper notice, to consider case no. 19ZMJV-0070, an application filed
by Becky Trisko and Meaghan Tower (the "Applicants"), potential lessee of the property
legally described in Exhibit A, attached hereto and incorporated herein by reference,
commonly known as 1245 Hartrey Avenue (the "Subject Property") and located in the 12
General Industrial District, for a Special Use Permit to establish, pursuant to Subsection
6-14-3-3 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a
daycare center —domestic animal and kennel, 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 daycare center —domestic animal and kennel met the standards for Special Uses in
Section 6-3-5-10 of the Zoning Ordinance and recommended City Council approval thereof;
and
WHEREAS, at its meeting of September 23, 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. 19ZMJV-0070; and
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WHEREAS, at its meetings on September 23, 2019, and October 14,
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 daycare center —domestic animal and kennel on the Subject Property as applied for
in case no. 19ZMJV-0070.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Applicants' 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 Applicants shall develop and
use the Subject Property in substantial compliance with: all applicable legislation;
the Applicants' 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. Soundproofing: The Applicants shall install soundproofing materials in the
building in substantial compliance with the documents presented at ZBA and the
testimony on record.
C. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicants 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, "Applicants" shall be read as "Applicants' agents, assigns,
and successors in interest."
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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:` YAL� 613 , 2019 Approved:
Adopted: (DLo)Det Iq , 2019 2019
Stephe H. Ha er or
Attest:
Dcvoii R�Z,IIy C:I�itc
F-Aogfjo Go»,e:z De.�RQAj CA C C'c
Approved as to form:
Michelle L. Masoncup, Corp6ration
Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 1,2,3 AND THE NORTH HALF OF LOT 4; LOT 23 (EXCEPT THE SOUTH 7
FEET THEREOF) AND ALL OF LOT 24 TOGETHER WITH THE VACATED ALLEY
LYING BETWEEN SAID LOTS 1,2,3 AND LOTS 22, 23, AND 24; ALSO VACATED
CRAIN STREET LYING NORTH OF AND ADJOINING SAID LOTS 1 AND 24; AND
ALL OF VACATED GREY AVENUE LYING EAST OF AND ADJOINING SAID LOTS
1,2,3 AND THE NORTH 1/2 OF LOT 4 AND LYING WESTERLY OF THE RIGHT OF
WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY, ALL IN BLOCK 2 OF
GROVER AND PITNER'S ADDITION TO EVANSTON, A SUBDIVISION OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION
24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN
IN CITY OF EVANSTON, COOK COUNTY, ILLINOIS.
PINS: 10-24-103-001-0000
COMMONLY KNOWN As: 1245 Hartrey Avenue, Evanston, Illinois.
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