HomeMy WebLinkAboutORDINANCES-2017-004-O-171 /5/2017
2/6/2017
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 1725 Sherman Avenue in the D2 Downtown Retail Core
Zoning District and the D3 Downtown Core Developmental District
(f°Insomnia Cookies")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on January 10,
2017, pursuant to proper notice, to consider case no. 16ZMJV-0110, an application filed
by Michael Sannuti (the "Applicant"), construction manager of the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 1725 Sherman Avenue (the "Subject Property") and located in the D2
Downtown Retail Core District and the D3 Downtown Core Developmental District, for a
Special Use Permit to establish, pursuant to Subsections 6-11-3-4 and 6-11-4-3 of the
Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant,
"Insomnia Cookies," 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 January 23, 2017, 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. 16ZMJV-0110; and
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WHEREAS, at its meeting of January 23, 2017 and February 13, 2017,
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. 16ZMJV-
0110.
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 December 15, 2016.
B. Hours of Operation: The Applicant may operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 6:00 a.m. and 3:00 a.m.
on any given day.
C. Employee Parking: Employees may not utilize on -street parking during the
hours of operation.
D. 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.
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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: a3 , 2017 Approved:
Adopted: %dmkW,-\ ���, 2017 VU1vmxaX\.A Ca- , 2017
Attest:
Rodney Greo, City C erk
Eliz eth B. Tisdahl, Mayor
Appr d as to fo
W. Grant(F rrar, Cor tion Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 1/z OF LOT 7 AND ALL OF LOT 8 IN BLOCK 16 IN EVANSTON IN THE SOUTHEAST % OF
THE NORTHWEST '/a OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-127-018-0000
COMMONLY KNOWN As: 1725 Sherman Avenue, Evanston, Illinois.
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