HomeMy WebLinkAboutORDINANCES-2018-106-O-189/6/2018
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AN ORDINANCE
Granting a Special Use Permit and Major Variations to Replace
Electrical Equipment Located at 514 Custer Avenue in the
R3 Two Family Residential District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on September 4,
2018, pursuant to proper notice, to consider case no. 18ZMJV-0062, an application filed
by William Lensky, contractor for the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 514 Custer Avenue
(the "Subject Property") and located in the R3 Two Family Residential District, for a
Special Use Permit and a Major Variation to replace, pursuant to Subsections 6-9-5-3 of
the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), electrical
equipment on the Subject Property; and
WHEREAS, the Applicant requests the following Major Variation:
(A) The Applicant requests to construct one (1) concrete wall fence that is twenty
(20) feet in height, where concrete material is not permitted for fences; and
(B) The Applicant requests to construct one (1) concrete wall fences that is twenty
(20) feet in height, where the maximum fence height permitted is eight (8) feet;
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 and
a Major Variation met the standards for Special Uses in Section 6-3-5-10 and 6-3-8-12 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 submitted site plans
and approve the application in case no. 18ZMJV-0062; and
WHEREAS, at its meetings of September 17, 2018 and September 24,
2018, the City Council considered the submitted application 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 adopts the P&D Committee's
records, findings, and recommendations, and hereby approves, pursuant to Subsection
6-3-8-1 O(D) of the Zoning Ordinance, the Special Use Permit for a Public Utility and the
Major Variations on the Subject Property applied for in case no. 18ZMJV-0062 and
described hereinabove.
SECTION 3: The Major Variation approved hereby is as follows:
(A) Approval to install one (1) concrete wall fence that is twenty (20) feet in height.
Subsection 6-4-6-7(F)(1) prohibits the installation of concrete fences on the
Subject Property.
(B) Approval to install one (1) concrete wall fence that is twenty (20) feet in height.
Subsection 6-4-6-7(F)(3) prohibits the installation of fences greater than eight (8)
feet on the Subject Property.
SECTION 4: Pursuant to Subsection 6-3-5-12 and 6-3-8-14 of the Zoning
Ordinance, the City Council hereby imposes the following conditions on the Applicant's
Special Use Permit and Major Variation, violation of any of which shall constitute
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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 must 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; the General Site Plan in Exhibit B, attached hereto and
incorporated herein by reference; and the approved plans and documents on file
in this case.
B. Thermographic Study: The Applicant shall submit to the City of Evanston a
thermographic study for review by City of Evanston staff.
C. Lighting: Lighting shall be added on the interior and/or exterior of the walls as
deemed necessary for safety purposes.
D. Design: Design considerations shall be made to reduce the perceived scale of
the wall.
E. Maintenance: The Applicant shall be responsible for the maintenance of the
project.
D. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant must record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 5: 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 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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: 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
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 9: 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�vmbei 14 , 2018
Adopted:eCr►7bG'l , 2018
Attest:
Devon Reid, City Clerk
Approved:
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Or
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Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 50.00 FEET OF LOT 18 IN BLOCK 1 IN IGLEHART'S ADDITION TO
EVANSTON; A SUBDIVISION OF THE SOUTH 12.17 ACRES EAST OF RIDGE ROAD
OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE
14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTH 48 LINKS EAST
OF RIDGE ROAD OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 41
NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK
COUNTY, ILLINOIS.
PIN: 11-19-329-026-0000
COMMONLY KNOWN As: 514 Custer Avenue, Evanston, Illinois.
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GENERAL SITE PLAN