HomeMy WebLinkAboutORDINANCES-2016-162-O-1611/29/2016
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AN ORDINANCE
Granting a Special Use Permit for a Commercial Indoor Recreational
Facility Located at 1029 Davis Street in the D2 Downtown Retail Core
District ("Title Boxing Club")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on November 15,
2016, pursuant to proper notice, to consider case no. 16ZMJV-0091, an application filed
by Rob Costello, architect of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 1029 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,
"Title Boxing Club," 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 December 12, 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-0091; and
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WHEREAS, at its meeting of December 12, 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in
case no. 16ZMJV-0091.
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 9:00 p.m. on any given day.
C. Employee Parking: Employees must not utilize street parking during hours of
operations.
D. Business Doors: The Applicant agrees to close all doors when the business in
operation unless an individual is entering or exiting the premises at that given
moment.
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E. 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.
In trod uced\2 , 2016
Adopted\-7 , 2016
Approved:
12016
Elizoith B. Tisdahl, Mayor
Attest: Approved as to form:
MGM
Rodney Gredne, City Clerk
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G�.
W. Grant Farrar, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THE SOUTH 134 FEET OF LOT 7 AND THE SOUTH 134 FEET OF LOT 8 (EXCEPT THE SOUTH 134
FEET OF THE EAST 60 FEET OF SAID 'LOT 8) IN BLOCK 67, IN EVANSTON, IN THE SOUTHWEST
QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
� � I � it<iI�E:�C�lY.a1�rQ1I1�1]
COMMONLY KNOWN As: 1029 Davis Street, Evanston, Illinois.
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