The URL can be used to link to this page

Home My WebLink AboutORDINANCES-2015-027-O-152/11 /2015 27-0-15 AN ORDINANCE Granting a Special Use Permit for a Commercial Indoor Recreational Facility Located at 915 Foster Street in the B1 Business District ("Foster Dance Studio") WHEREAS, the Zoning Board of Appeals ("ZBA") met on January 27, 2015, pursuant to proper notice, to consider case no. 14ZMJV-0157, an application filed by Kathryn Ebert, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 915 Foster Street (the "Subject Property") and located in the 131 Business 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, "Foster • Dance Studio," 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 February 23, 2015, 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. 14ZMJV-0157; and 0 27-0-15 • WHEREAS, at its meetings of February 23, 2015 and March 9, 2015, 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. 14ZMJV-0138. 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 C] 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 6:00 a.m. and 10:00 p.m. on any given day. C. Employee Parking: Employees shall to the best of their ability not park on the street during hours of operation. 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. -2- • • C] 27-0-15 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:�,b�unr FX�), 2015 Approved: Adopted: \ \kv I 12015 \Amb G , 2015 Attest: Rodney Greee, City Clerk Eti eth B. Tisdahl, Mayor Approved as to form: ��m�uya��' Cdpa�►'a2 �azn�l� W. Grant Farrar, Corporation Counsel -3- 27-0-15 is EXHIBIT A • • LEGAL DESCRIPTION LOT 15, THE EAST 12 FEET OF LOT 16, THE WEST 34 FEET OF LOT 16 EXCEPT THE NORTH 36 FEET THEREOF AND THE EAST 6 FEET OF LOT 17 EXCEPT THE NORTH 36 FEET THEREOF, IN BLOCK 2 IN WHEELER & OTHERS SUBDIVISION OF THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING WEST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS. PINs: 11-18-104-016-0000 11-18-104-017-0000 COMMONLY KNOWN As: 915 Foster Street, Evanston, Illinois. -4-