HomeMy WebLinkAboutORDINANCES-2017-087-O-178/22/2017
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 512
Main Street in the C1 a Commercial Mixed -Use District and the oDM
Dempster -Main Overlay District ("Amanecer Taco Shop")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on August 15,
2017, pursuant to proper notice, to consider case no. 17ZMJV-0062, an application filed
by Ana Vela (the "Applicant"), lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 512 Main
Street (the "Subject Property") and located in the C1a Commercial Mixed -Use Zoning
District and the ODM Dempster -Main Overlay Zoning District, for a Special Use Permit to
establish, pursuant to Subsection 6-10-3-3 of the Evanston City Code, 2012, as
amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Amanecer Taco Shop," 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 September 11, 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. 17ZMJV-0062; and
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WHEREAS, at its meeting of September 11, 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. 17ZMJV-
0062.
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 July 20, 2017.
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 midnight
on any given day.
C. Employee Parking: Employees may not utilize metered parking spaces during
the hours of operation.
D. Deliveries: All deliveries shall occur via the rear of the Subject Property and
only during morning hours, when possible.
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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: ackkemhrr III`' , 2017
Adopted: �►n'4 �w �, 2017
Attest:G1, k
Devon Reid, City Clerk
Approved:
2017
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tephe H. H rt , r
Approved as t form:
W. Grant Farrar, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: LOT 23 (EXCEPT THE SOUTHERLY 4.46 FEET OF SAID LOT 23) IN THE
RESUBDIVISION OF THE EAST 1/2 OF BLOCK 11 AND THE WEST 1/2 OF BLOCK 10 IN WHITES
ADDITION TO EVANSTON, A SUBDIVISION OF PART OF THE NORTH 1/2 OF THE NORTH 1/2 OF
THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1973 IN
BOOK 6 OF PLATS, PAGE 64 IN COOK COUNTY, ILLINOIS.
PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AFORESAID AS CREATED BY THE DEED
MADE BY FRANK LAMBERT WHITE, FREDERICK DONALD BIRD, DONALD 0. WHITE AND HENRY
A. WHITE AS TRUSTEES UNDER TRUST INDENTURE DATED NOVEMBER 16, 1929 AND
RECORDED FEBRUARY 28, 1946 AS DOCUMENT 13730053 OVER THE SOUTH 4.46 FEET OF
LOT 23 IN THE RESUBDIVISION AFORESAID (EXCEPTING THEREFROM THOSE PARTS THEREOF
NOW OCCUPIED BY A THREE STORY BRICK BUILDING AND APPURTENANCES THERETO) FOR THE
PURPOSE OF MAINTAINING A CORNICE OVERHANGING SAID PREMISES, THE RIGHT OF THE
INGRESS AND EGRESS, AND AN EASEMENT FOR LIGHT, AIR AND DRAINAGE.
PIN: 11-19-401-008-0000
COMMONLY KNOWN As: 512 Main Street, Evanston, Illinois.
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