HomeMy WebLinkAboutORDINANCES-2018-113-O-189/20/2018
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AN ORDINANCE
Granting Major Variations at
348 Custer Avenue in the RS General Residential Zoning District
WHEREAS, Graciela Lopez (the "Applicant"), owner of the property
commonly known as 348 Custer Avenue (the "Subject Property"), located within the R5
General Residential Zoning District and legally described in Exhibit A, attached hereto
and incorporated herein by reference, submitted an application seeking approval of
Major Variations to add a dwelling unit in the basement of an existing two (2) unit
building and related zoning requirements imposed by Subsections 6-8-7-4(D), 6-8-7-
5(D), and 6-16-3-5 Table 16-B of Title 6 of the Evanston City Code of 2012, as
amended ("the Zoning Ordinance"); and
WHEREAS., the Applicant requests the following Major Variations related
to the Subject Property:
(1) A lot area of 3,993 square feet where 4,5000 square feet are required on the
Subject Property pursuant to City Code Subsection 6-8-7-4(D);
(2) A lot width of thirty three (33) feet where fifty (50) feet is required pursuant to City
Code Subsections 6-8-7-5(D);and
(3) Provide three (3) off-street parking spaces where four (4) are required pursuant
to City Code Subsection 6-16-3-5, Table 16-B; and
WHEREAS, on August 28, 2018, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held a public hearing in case no. 18ZMJV-0060 to consider
the application, received testimony, and made written records and findings that the
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application did meet the standards for Major Variations set forth in Subsection 6-3-8-12-
(E) of the Zoning Ordinance and recommended City Council denial thereof; and
WHEREAS, at its meeting of October 8, 2018, the Planning and
Development ("P&D") Committee of the City Council considered and accepted the
ZBA's recommendation, and recommended City Council approve the Major Variations,
as requested; and
WHEREAS, at its meetings of October 8, 2018 and October 22, 2018, the
City Council considered and adopted the recommendation of the P&D Committee,
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: The City Council hereby adopts the P&D Committee's
records, findings, and recommendations, and hereby approves, pursuant to Subsection
6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property
applied for in case no. 18ZMJV-0060 and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
(A) To permit a lot area of 3,993 square feet on the Subject Property. Subsection 6-
8-7-4(D) of the Zoning Ordinance requires a minimum lot area of 4,500 square
feet on the Subject Property.
(B) To permit a lot width of thirty three (33) feet on the Subject Property.
Subsections 6-8-7-5(D) requires a minimum lot width of fifty (50) feet on the
Subject Property.
(C) To permit three (3) off street parking spaces on the Subject Property. Subsection
6-16-3-5, Table 16-B requires a minimum of four (4) off street parking spaces for
the Subject Property.
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SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Major Variations granted
hereby, violation of any of which shall constitute grounds for penalties or revocation
thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(A) Compliance with Requirements: The Applicant shall develop and use the
Subject Property in substantial compliance with all applicable legislation, with the
testimony and representations of the Applicant to the ZBA, the P&D Committee,
and the City Council, and the approved plans and documents on file in this case.
(B) Affordable Unit: The Applicant shall make the basement unit on the Subject
Property an affordable unit for ten (10) years at eighty percent (80%) of the Area
Median Income ("AMI").
(C) Recordation: 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 construction permits pursuant to the Major Variation authorized hereby.
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: 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 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 8: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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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 declared to be prima
facie evidence of the law of the Cuty and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: 0cA6 p r.,( , 2018
Adopted:—OCA-aaa 12018
Attest:
Devon Reid, City Clerk
Approved:
/�)L 7 12018
teph4�H. Ay,or
Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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EXHIBIT A
Legal Description
LOT 8 IN EAST RIDGE ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE
EAST 298 FEET OF THE SOUTH 7.56 CHAINS OF THE NORTH 14.63 CHAINS OF
THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 14,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-30-110-028-0000
Commonly Known As: 348 Custer Avenue, Evanston, Illinois.
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