HomeMy WebLinkAboutORDINANCES-2017-115-O-1710/11/2017
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AN ORDINANCE
Granting a Special Use Permit for a Commercial Indoor Recreational
Facility Located at 1026 Davis Street in the
D2 Downtown Retail Core District
("Spenga")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on October 3, 2017,
pursuant to proper notice, to consider case no. 17ZMJV-0079, an application filed by
Marty Cless, owner of the property legally described in Exhibit A, attached hereto and
incorporated herein by reference, commonly known as 1026 Davis Street (the "Subject
Property") and located in the D2 Downtown Retail Core District, for a Special Use Permit
to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012, as
amended ("the Zoning Ordinance"), a Commercial Indoor Recreational Facility,
"Spenga," 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 Commercial Indoor Recreational Facility 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 October 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. 17ZMJV-0079; and
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WHEREAS, at its meeting of October 23, 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in
case no. 17ZMJV-0079.
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.
B. Hours of Operation: The Applicant shall operate the Commercial Indoor
Recreational Facility authorized by this ordinance only between the hours of 5:00
a.m. and 10:00 p.m, on any given day.
C. Employee Parking;: Employees must not utilize street parking during hours of
operations.
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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.
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: OCAAHer
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12017
Approved:
Adopted: O c_Woa
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, 2017
e herd H. Ha e4t/,ky4p g
, 2017
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Attest:
Devon Reid, City rk
Approved as to form:
W. Grant Farrar
Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1: THE NORTH 135 FEET OF LOT 5 AND THE NORTH 135 FEET OF LOT 6 (EXCEPT THE
WEST 51 FEET 8 7/8 INCHES OF LOT 6) IN BLOCK 62 IN EVANSTON IN SECTION 18, TOWNSHIP
41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DEED
FROM PHILIP JUDSON AND ELIZABETH .JUDSON, HIS WIFE, TO WILLIAM H. GRANT DATED MAY
19, 1871 AND RECORDED MAY 14, 1872 AS DOCUMENT NUMBER 30726, FOR PEDESTRIAN
AND VEHICULAR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 10
FEET OF THE NORTH 135 FEET OF THE WEST 51 FEET 8 7/8 INCHES OF LOT 6 IN BLOCK 62 IN
EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-309-031-0000
COMMONLY KNOWN AS: 1026 Davis Street, Evanston, Illinois.
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