HomeMy WebLinkAboutORDINANCES-2015-036-O-15• 3/6/2015
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AN ORDINANCE
Granting a Special Use Permit for a Convenience Store and Accessory
Type 2 Restaurant Located at 900 Chicago Avenue in the C1a
Commercial Mixed Use District ("Ad Val's Sweet")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 3, 2015,
pursuant to proper notice, to consider case no. 15ZMJV-0014, an application filed by
Ammar Khorjiya, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 900 Chicago Avenue (the
"Subject Property") and located in the C1 a Commercial Mixed Use District, for a Special
Use Permit to establish, pursuant to Subsection 6-10-3-3 of the Evanston City Code,
• 2012, as amended ("the Zoning Ordinance"), a Convenience Store with a Type 2
Restaurant, "Ad Val's Sweet," 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 Convenience Store with a Type 2 Restaurant 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 March 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. 15ZMJV-0014; and
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• WHEREAS, at its meetings of March 23, 2015 and April 13, 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 Convenience Store with a Type 2 Restaurant on the Subject Property as applied
for in case no. 14ZMJV-0014.
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
is
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
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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. Litter Collection Plan: The Applicant shall implement and adhere to a Litter
Collection Plan that requires the policing of an area located within a radius of two
hundred fifty feet (250') of the Subject Property. The Applicant shall police this
area at least once every three (3) hours during the hours the Special Use is in
operation and shall keep it free of all litter, from any source. For the purpose of
this ordinance, "litter" shall include, but is not limited to: food, food waste, and
beverages; solid waste, including paper, wrappings, containers, cardboard,
napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and
similar materials; animal waste and dead animals; yard clippings and leaves; and
all other waste materials which, if thrown or deposited as herein prohibited, may
create a danger to public health, safety, or welfare.
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• C. Hours of Operation: The Applicant shall operate the Convenience Store and
Type 2 Restaurant authorized by this ordinance only between the hours of 6:00
a.m. and 11:00 p.m. on any given day.
D. Employee Parking: Employees shall not park on the street during hours of
operation.
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.
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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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Introduced: "kv i SlJ
Adopted: Ayc\ 1 `,
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, 2015 Approved:
, 2015 L I 2015
Eli eth B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney Gre,g(ie, CityXlerk �1 W. Grant array` Corporation Counsel��
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• EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
UNIT 100 IN THE 900 CHICAGO AVENUE OFFICE CONDOMINIUM AS DELINEATED ONA SURVEY OF
THE FOLLOWING DESCRIBED LAND: PARTS OF LOTS 1 THROUGH 4, BOTH INCLUSIVE, IN BLOCK 1
IN GIBBS, LADD & GEORGES ADDITION TO EVANSTON, BEING A SUBDIVISION OF A PORTION OF
THE NORTHEAST % OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN (EXCEPT THAT PART TAKEN FOR CHICAGO, EVANSTON AND LAKE
SUPERIOR RAILROAD COMPANY BY DEED RECORDED APRIL 29, 1886 AS DOCUMENT NUMBER
711919); WHICH SURVEY IS ATTACHED AS EXHIBIT "C" TO THE DECLARATION OF CONDOMINIUM
RECORDED AS DOCUMENT NUMBER 0813616034, TOGETHER WITH ITS UNDIVIDED
PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK COUNTY, ILLINOIS.
PARCEL 2:
NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 TO THE
PUBLIC RIGHT OF WAY FOR THE BENEFIT OF THE COMMERCIAL PARCELS AND OTHER RIGHTS, SET
FORTH IN DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RECIPROCAL
EASEMENTS RECORDED NOVEMBER 17, 2005 AS DOCUMENT No. 0532127013, OVER
CERTAIN AREAS OF THE "RESIDENTIAL PROPERTY" AS DEFINED THEREIN.
• PARCEL 3:
EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF PARCEL 1 AS CREATED BY
DECLARATION OF CONDOMINIUM RECORDED AS DOCUMENT NUMBER 0813616034, OVER THE
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NON -CONDOMINIUM PORTION OF THE COMMERCIAL BUILDING.
PIN: 11-19-213-033-1001
COMMONLY KNOWN AS: 900 CHICAGO AVENUE, EVANSTON, ILLINOIS.
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