HomeMy WebLinkAboutORDINANCES-2016-006-O-1612/31 /2015
1 /15/2016
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AN ORDINANCE
Granting Major Variations Related to 860 Hinman Avenue in the C1 a
Commercial Mixed -Use District
WHEREAS, Kathleen Barry (the "Applicant"), attorney of the property
commonly known as 860 Hinman Avenue (the "Subject Property"), located within the
C1 a Commercial Mixed -Use 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 6-10-3-4 and
Subsection 6-16-1-2(C) 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 total of one hundred two (102) dwelling unites where a
maximum of forty (40) dwelling units are permitted;
(B) The Applicant requests to increase the parking by zero (0) spaces where an
increase of fifty-five (55) parking spaces is required and nine (9) parking spaces
currently exist; and
WHEREAS, on December 1, 2015, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held a public hearing in case no. 15ZMJV-0100 to consider
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
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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 with the additional condition regarding the building's dumpster location as
more specifically references in Section 4(13) of this Ordinance; and
WHEREAS, at its meetings of January 11, 2016 and January 25, 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-0100 and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
(A) Approval to allow one hundred two (102) dwelling units on the Subject Property.
Subsection 6-10-3-4 permits a maximum of forty (40) dwelling units on the
Subject Property.
(B) Approval to allow an increase of parking spaces by zero (0) where nine (9)
parking spaces currently exist on the Subject Property. Subsection 6-16-1-2(C)
requires an increase of fifty-five (55) parking spaces 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
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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) Dumpster Location: The Applicant shall initially locate the building's trash
dumpsters on two on -site parking spaces until August 1, 2017 to provide clear
access in the alley during construction of the Planned Development located at
835 Chicago Avenue. After August 1, 2017, the Applicant must either find a legal
on -site location for the dumpsters or apply for a parking variation for the
permanent loss of the two parking spaces on which the dumpsters were originally
located.
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
shall not affect other provisions or applications of this ordinance that can be given effect
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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: V 1 A " k 1 , 2016
Adopted:�t��� , 2016
Attest:
s
Rodney Gre ,e, City Clerk
Approved: rr�� �
V�.\pCk&r� A r(T , 2015
ElOhbeth B. Tisdahl, Mayor
Approved as to form:
2��a4� ar, Corporation Counsel
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EXHIBIT A
Legal Description
Parcel 1:
Lot 23 (except the southerly 4.46 feet of said Lot 23) in the Resubdivision of the East'/2
of Block 11 and the West Y2 of Block 10 in White's Addition to Evanston, a Subdivision
of part of the North '/2 of the North '/2 of the South East '/ of Section 19, Township 41
North, Range 14 East of the Third Principal Meridian, according to the Plat thereof
recorded November 13, 1873 in Book 6 of Plats, Page 64 in Cook County, Illinois.
Parcel 2:
Easement for the benefit of Parcel 1 aforesaid as created by the deed made by Frank
Lambert White, Frederick Donald Bird, Donald 0. White and Henry A. White as trustees
under Trust Indenture dated November 16, 1929 and recorded February 28, 1946 as
Document 13730053 over the South 4.46 feet of Lot 23 in the Resubdivision aforesaid
(excepting therefrom those parts thereof now occupied by a three story brick building
and appurtenances thereto) for the purpose of maintaining a cornice overhanging said
premises, the right of the ingress and egress, and an easement for light, air and
drainage.
PIN(s): 11-19-401-008-0000
Commonly Known As: 860 Hinman Avenue, Evanston, Illinois.
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