HomeMy WebLinkAboutORDINANCES-2016-007-O-1612/31 /2015
7-0-16
AN ORDINANCE
Granting Major Variations Related to 2115 Dewey Avenue in the MXE
Mixed -Use Employment District
WHEREAS, Adriano Galvao (the "Applicant"), owner of the property
commonly known as 2115 Dewey Avenue (the "Subject Property"), located within the
MXE Mixed -Use Employment 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 6-13-4-
6(C), Subsection 6-4-1-9(B)(1), Subsection 6-13-4-6-2 and Subsection 6-16-2-7 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 a 4.1 foot north interior side yard setback and a 3.4 south
interior side yard setback for a second story addition where five foot north and
south interior side yard setbacks are required;
(B) The Applicant requests a 2.5 foot south interior side yard setback for a yard
obstruction where 4.5 feet is required;
(C) The Applicant requests a four (4) foot south interior side yard setback for open
parking where five (5) feet is required;
(D) The Applicant requests a zero (0) foot parking aisle width for tandem parking
where twelve feet is required; and
WHEREAS, on December 15, 2015, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held a public hearing in case no. 15ZMJV-0102 to consider
7-0-16
the application, received testimony, and made written records and findings that the
application did meet the standards for a Major Variation set forth in Subsection 6-3-8-
12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of January 11, 2016, the Planning and
Development ("P&D") Committee of the City Council considered and accepted the
ZBA's recommendation, and recommended City Council approve the Major Variation, as
requested; and
WHEREAS, at its meeting of January 11, 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-0102 and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
(A) Approval to allow a five foot north interior side yard setback and a 3.4 south
interior side yard setback for a second story addition on the Subject Property.
Subsection 6-13-4-6(C) requires a five (5) foot north and south interior side yard
setbacks are required.
(B) Approval to allow a 2.5 foot south interior side yard setback for a yard obstruction
on the Subject Property. Subsection 6-4-1-9(B)(1) requires a 4.5 foot south
interior side yard setback for a yard obstruction.
-2-
7-0-16
(C) Approval to allow a four foot south interior side yard setback for open parking on
the Subject Property. Subsection 6-13-4-6-2 requires a five (5) foot south interior
side yard setback for open parking.
(D) Approval to allow a zero foot parking aisle width for tandem parking on the
Subject Property. Subsection 6-16-2-7 requires a twelve (12) foot parking aisle
for tandem parking.
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.
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-
7-0-16
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: `1a�U Q,r\-\ k I , 2016
Adopted: VW�r�A � 1 , 2016
Attest:
Rodney Gree eity Clerk
Approved:
" `5 , 2011b
Eliz,.a*h B. Tisdahl, Mayor
Approved as to form:
W. Grant F'arra , Corporation Counsel
-4-
7-0-16
EXHIBIT A
Legal Description
Lot 12 (except the North .5 feet and except the South 16 feet thereof) in Block 7 in
Payne's Addition to Evanston, a Subdivision of the West '/2 of the South % of the
Southeast % of Section 12, Township 41 North, Range 13, East of the Third Principal
Meridian, in Cook County, Illinois.
PIN(s): 10-12-421-005-0000
Commonly Known As: 2115 Dewey Avenue, Evanston, Illinois.
—5—