HomeMy WebLinkAboutORDINANCES-2017-097-O-179/12/2017
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 633
Howard Street in the B3 Business District ("Cafe Coralie")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on September 5,
2017, pursuant to proper notice, to consider case no. 17ZMJV-0074, an application filed
by Pascal Berthoumieux (the "Applicant"), lessee of the property legally described in
Exhibit A, attached hereto and incorporated herein by reference, commonly known as
633 Howard Street (the "Subject Property") and located in the B3 Zoning District, for a
Special Use Permit to establish, pursuant to Subsection 6-9-4-3 of the Evanston City
Code, 2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Cafe Coralie,"
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 25, 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-0074; and
WHEREAS, at its meeting of September 25, 2017, the City Council
considered and adopted the respective records, findings, and recommendations of the
ZBA and P&D Committee, as amended,
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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-
0074.
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 August 4, 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 park on Howard Street or non -metered
residential streets surrounding the Subject Property during the hours of
operation.
D. Deliveries: All deliveries shall occur via the rear of the Subject Property.
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.
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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: Q ^fir/ ZS1,1 , 2017
Adopted:2017
Attest:
Devon Reid, City Clerk
Approved:
, 2017
Stephen Ff. Hag16ftyLMaj6r V
App ved as t orm:
W. Grant Farrar, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOT 5 (EXCEPT THE EAST .62 FEET THEREOF) IN BLOCK 1 IN NILES HOWARD TERMINAL
ADDITION, A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412.50 FEET) OF THAT PART OF THE
NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, LYING WEST OF THE
RIGHT-OF-WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
UP,
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COMMONLY KNOWN As: 633 Howard Street, Evanston, Illinois.
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