HomeMy WebLinkAboutORDINANCES-2018-058-O-184/16/2018
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 825
Church Street in the D2 Downtown Retail Core Development District
("Falcon Eddy's Barbecue")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on April 17, 2018,
pursuant to proper notice, to consider case no. 18ZMJV-0021, an application filed by
James Pomerantz (the "Applicant"), lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 825 Church
Street (the "Subject Property") and located in the D2 Zoning District, for a Special Use
Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012,
as amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Falcon Eddy's Barbecue,"
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 Type 2 Restaurant 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 April 23, 2018, 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-0021; and
WHEREAS, at its meetings of April 23, 2018 and May 14, 2018, 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 Type 2 Restaurant on the Subject Property as applied for in case no. 18ZMJV-
0021.
SECTION 3: Pursuant to Subsection 6-3-5-12 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 6-3-10-5 and 6-3-10-6 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,
including but not limited to: the Sustainability Practices for Type 2 Restaurants
submitted by the Applicant dated March 8, 2018.
B. Hours of Operation: The Applicant may operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 10:00 a.m. and midnight
on any given day.
C. Employee Parking: Employees may not utilize metered street parking
surrounding the Subject Property during the hours of operation.
D. Deliveries: The Applicant agrees that all deliveries must occur in the rear of the
Subject Property.
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E. 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.
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 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: [\?f\1 r 3 , 2018 Approved:
Adopted: �� �l �� , 2018 �tu� �� i , 2018
J
Steph n H. ag yor
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Attest:
Devon Reid, City Clerk
Approved as to form:
Ut"Sp I, e b"-m-t�
Michelle L. Masoncup, Interim
Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 7 TO 13, INCLUSIVE, EXCEPTING THEREFROM THAT PORTION OF SAID
LOTS 7 TO 13, INCLUSIVE, IN THE RESUBDIVISION OF BLOCK 17 IN EVANSTON,
COOK COUNTY, ILLINOIS IS DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT
THE NORTHEAST CORNER OF SAID LOT 7 IN THE SAID RESUBDIVISION OF SAID
BLOCK 17 IN EVANSTON, COOK COUNTY, ILLINOIS; THENCE SOUTH ALONG
AND UPON THE EAST LINE OF SAID LOT 7, A DISTANCE OF 35 FEET; THENCE
SOUTH ALONG AND UPON A LINE PARALLEL WITH THE EAST LINE OF SAID LOT
7, A DISTANCE OF 5 FEET THENCE RUNNING WEST ALONG AND UPON A LINE
PARALLEL WITH THE NORTH LINE OF SAID LOTS 7 TO 11, A DISTANCE OF 185
FEET; THENCE RUNNING NORTH ALONG AND UPON A LINE PARALLEL WITH
THE EAST LINE OF SAID LOT 7, A DISTANCE OF 85 FEET TO A POINT IN THE
NORTH LINE OF SAID LOT 11, 220 FEET FROM THE NORTHEAST CORNER OF
SAID LOT 7; THENCE EAST ALONG AND UPON THE NORTH LINE OF SAID LOT 11
AND THE NORTH LINE OF SAID LOTS 10 TO 7, INCLUSIVE TO THE POINT OF
BEGINNING, EXCEPTING THEREFROM THAT PART LYING ABOVE THE
ELEVATION OF 36.00 FEET, CITY OF EVANSTON, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-126-020-0000
COMMONLY KNOWN As: 825 Church Street, Evanston, Illinois.
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