HomeMy WebLinkAboutORDINANCES-2016-161-O-1611 /29/2016
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AN ORDINANCE
Granting a Special Use Permit for an Animal Hospital Located at 516
Dempster Street in the B1 Business District and the
oDM Dempster -Main Overlay District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on November 15,
2016, pursuant to proper notice, to consider case no. 16ZMJV-0094, an application filed
by Gail Henry, potential lessee of the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 516 Dempster Street
(the "Subject Property") and located in the B1 Business District and the oDM Dempster -
Main Overlay District, for a Special Use Permit to establish, pursuant to Subsection 6-9-
2-3 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), an Animal
Hospital, 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
an Animal Hospital 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-0094; 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 an Animal Hospital on the Subject Property as applied for in case no. 16ZMJV-0094.
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 Animal Hospital authorized
by this ordinance only between the hours of 7:00 a.m. and 7:00 p.m. on any
given day.
C. Employee Parking: Employees shall not utilize street parking during hours of
operation.
D. Public Sidewalks: The Applicant agrees to power wash the public sidewalk
abutting the Subject Property on a monthly basis for as long as this Special Use
is in effect.
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.
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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.
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In trod uced:�vAV-)r-v 2016
Adopted:\2, 2016
Attest:
Rodney Gr en+Cityerk
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Approved:
2016
Eliza64h B. Tisdahl, Mayor
Approved as to form:
W. Grant Fatrar, Corporation Coii)mel
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EXHIBIT A
LEGAL DESCRIPTION
LOT 25 IN BLOCK 76 IN NORTHWESTERN UNIVERSITY SUBDIVISION OF THAT PART OF THE
NORTH '/s OF THE NORTH Y2 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE
THIRD PRINCIPAL MERIDIAN, LYING EAST OF CHICAGO AVENUE (EXCEPT THE 15 Y2 ACRES OF
THE NORTHEAST CORNER THEREOF, IN COOK COUNTY, ILLINOIS.
PINs: 11-19-200-001-0000
COMMONLY KNOWN As: 516 Dempster Street, Evanston, Illinois.
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