HomeMy WebLinkAboutORDINANCES-2016-020-O-162/11 /2016
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AN ORDINANCE
Granting a Special Use Permit for a Resale Establishment Located at
1304 Chicago Avenue in the B2 Business District and the oDM
Dempster -Main Overlay District (i°Threads Boutique")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on February 2,
2016, pursuant to proper notice, to consider case no. 16ZMJV-0001, an application filed
by Anna Ermel and Chaya Gordon Burstyn, lessees for the property legally described in
Exhibit A, attached hereto and incorporated herein by reference, commonly known as
1304 Chicago Avenue (the "Subject Property") and located in the B2 Business District
and the oDM Dempster -Main Overlay District, for a Special Use Permit to operate a
Resale Establishment, pursuant to Subsection 6-9-3-3 of the Evanston City Code, 2012,
as amended ("the Zoning Ordinance") 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 Resale Establishment 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 February 22, 2016, 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-0001; and
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WHEREAS, at its meetings of February 22, 2016, 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 Resale Establishment on the Subject Property as applied for in case no. 16ZMJV-
0001.
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. Parking: Employees shall not park on the street during hours of operation.
C. Hours of Operation: The Applicant shall operate the Resale Establiishment
authorized by this ordinance only between the hours of 8:00 a.m. and 9:00 p.m.
on any given day.
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: 1e,1,.�i'�X.)J 1 , 2016 Approved:
Adopted:2016 10,iC��i , 2016
<n��z Y 1111-d�
Eli a eth B. Tisdahl, Mayor
Attest: Approved as to form:
Roltlney Gree ,City Clerk W. GrAt Farrar, Co poration Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF BLOCK 39 IN THE ORIGINAL VILLAGE OF EVANSTON LYING EAST OF THE EAST
LINE OF THE RIGHT OF WAY OF THE CHICAGO NORTH SHORE STREET RAILWAY (NOW THE EAST
LINE OF SHERMAN AVENUE); NORTH OF THE NORTH LINE OF DEMPSTER STREET (AS SURVEYED
BY THE CITY OF EVANSTON IN 1895); AND SOUTH OF A LINE DESCRIBED AS BEGINNING AT A
POINT IN THE EAST LINE OF SAID BOCK 39, 342 FEET SOUTH OF THE NORTHEAST CORNER
THEREOF; THENCE WEST IN A STRAIGHT LINE, 182.65 FEET TO A POINT IN THE EAST LINE OF
SHERIDAN AVENUE 342.75 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 39 BEING IN
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS.
PIN: 11-18-330-008-0000
11-18-330-009-0000
COMMONLY KNOWN AS: 1304 Chicago Avenue, Evanston, Illinois.
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