HomeMy WebLinkAboutORDINANCES-2016-021-O-162/11/2016
21-0-16
AN ORDINANCE
Granting Major Variations Related to 1140 Lakeshore Boulevard in the
R1 Single Family Residential District
WHEREAS, Trust 8002368034 (the "Applicant"), owner of the property
commonly known as 1140 Lakeshore Boulevard (the "Subject Property"), located within
the R1 Single Family 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 zoning requirements imposed by Subsection 6-4-6-9 and
Subsection 6-8-2-8(C)(4) of Title 6 of the Evanston City Code of 2012, as amended
(the "Zoning Ordinance"); and
WHEREAS, the Applicant requests the following Major Variations:
(A) The Applicant requests to locate a generator more than two (2) feet from the
principal structure where generators must be located within two (2) feet of the
principal structure;
(B) The Applicant requests a six (6) inch street side yard setback where a minimum
four (4) feet is required when screened;
(C) The Applicant requests one open parking space in the rear yard with a two (2)
foot rear yard setback where a minimum three (3) feet is required; and
WHEREAS, on January 26, 2016, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held a public hearing in case no. 15ZMJV-0115 to consider
the application, received testimony, and made written records and findings that the
application did meet the standards for Major Variations set forth in Subsection 6-3-8-12-
21-0-16
(E) of the Zoning Ordinance and recommended City Council grant the Major Variations;
and
WHEREAS, at its meeting of February 22, 2016, the Planning and
Development ("P&D") Committee of the City Council received input from the public,
carefully considered the ZBA's record and findings and recommended the City Council
accept the ZBA's recommendation and approve the Major Variations in case no.
15ZMJV-0077; and
WHEREAS, at its meeting of February 22, 2016, 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. 15ZMJV-0115 and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
(A) Approval to allow a generator more than two (2) feet from the principal structure.
Subsection 6-4-6-9 requires that a generator must be located within two (2) feet
of the principal structure on the Subject Property.
(B) Approval to allow a six (6) inch street side yard setback. Subsection 6-4-6-9
requires that a minimum four (4) foot street side yard setback is required when
the generator is screened on the Subject Property.
-2-
21-0-16
(C) Approval to allow one open parking space in the rear yard with a two (2) foot rear
yard setback. Subsection 6-8-2-8(C)(4) requires parking spaces in the rear yard
to have a minimum three (3) foot rear yard setback on the Subject Property.
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) Trees: The Applicant shall minimize the disruption done on the surrounding tree
root structures by working with an arborist.
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.
SECTION 9: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
-3-
21-0-16
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 City and shall be received in evidence as provided by
the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: , 2016
Adopted: , 2016
Attest:
Approved:
1A4.r-Q�l D , 2016
Eli eth B. Tisdahl, Mayor
Approved as to form:
Rod?eyyyGreenFilyClerk Grant array, orporatiJunsel
-4-
21-0-16
EXHIBIT A
Legal Description
The North 19 feet of Lot 19 and all of Lot 20 in Elliot's Subdivision of Block 82 and
Accretions in the Resubdivision of Blocks 80, 81, and 82 in the Northwestern University
Subdivision of the North Half of Section 19, Township 41 North, Range 14 East of the
Third Principal Meridian lying East of Chicago Avenue, (except 15 '/2 acres in the
Northeast corner thereof) Situated in the City of Evanston, County of Cook and State of
Illinois.
PIN(s): 11-19-212-007-0000
Commonly Known As: 1140 Lakeshore Boulevard, Evanston, Illinois.
-5-