HomeMy WebLinkAboutORDINANCES-2018-104-O-189/5/2018
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AN ORDINANCE
Granting a Special Use Permit for a Daycare Center — Child and a
Major Variation Related to 2200 Main Street in the R2 Single Family
Residential District
("Infant Welfare Society of Evanston")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on August 28,
2018, pursuant to proper notice, to consider case no. 18ZMJV-0067, an application filed
by Donnal-ee Floeter (the "Applicant"), architect of the property legally described in
Exhibit A, attached hereto and incorporated herein by reference, commonly known as
2200 Main Street (the "Subject Property") and located in the R2 Single Family Residential
District, for a Special Use Permit to establish, pursuant to Subsection 6-8-3-3 of the
Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Daycare Center —
Child, "Infant Welfare Society of Evanston," and approval of a Major Variation to zoning
requirements imposed by Subsection 6-8-3-7(B)(3) on the Subject Property; and
WHEREAS, the Applicant requested the following Major Variations from
the Zoning Board of Appeals:
(A) The Applicant requests a west interior side yard setback of six and one tenth of a
foot (6.1') where an west interior side yard setback of fifteen feet (15') is required
on the Subject Property;
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 — Child and a west interior side yard setback of six and one tenth (6.1')
feet (6.1') met the standards for Special Uses in Section 6-3-5 and Major Variations in 6-3-
8-12(E) of the Zoning Ordinance and recommended City Council approval thereof; and
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WHEREAS, at its meeting of September 17, 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-0067; and
WHEREAS, at its meeting of September 17, 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, IL!LINOIS, 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 - Child and a west interior side yard setback of six and one tenth
of a foot (6.1') on the Subject Property as applied for in case no. 18ZMJV-0067.
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 only open to the general public the
Daycare Center - Child for drop-off and pick-up between the hours of 6:00 a.m.
and 8:00 p.m. on any given day.
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C. Parking: The Applicant shall continue to explore alternative staff parking options
that can alleviate the parking demand on Hartrey Avenue.
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: S t,Bm er l' , 2018 Approved:
Adopted: 54eA,./ , , 2018 , 2018
ephen 4. Hage or
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Attest: Approved as to form:
AV"(�&_ �
Devon Reid, City Clerk Michelle L. Masoncup, CorlSoration
Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOT 1 AND 2 IN BLOCK 2 (EXCEPT THE WEST 5.0 FEET OF SAID LOTS) IN
TRAVER'S SUBDIVISION OF THE NORTH 1/2 OF THE MIDDLE 1/3 OF THE NORTH
1/2 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINs: 10-24-301-0190000
10-24-301-020-0000
COMMONLY KNOWN As: 2200 Main Street, Evanston, Illinois.
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