HomeMy WebLinkAboutORDINANCES-2015-135-O-1510/12/2015
135-0-15
AN ORDINANCE
Granting a Major Variation Related to 309-323 Howard Street in the B3
Business District
WHEREAS, Ted Hortis (the "Applicant"), Property Owner of the property
commonly known as 309-323 Howard Street (the "Subject Property"), located within the
B3 Business Zoning District and legally described in Exhibit A, attached hereto and
incorporated herein by reference, submitted an application seeking approval of Major
Variation to zoning requirements imposed by Subsection 6-16-2-1(C) of Title 6 of the
Evanston City Code of 2012, as amended (the "Zoning Ordinance"); and
WHEREAS, the Applicant requests the following Major Variation:
(A) The Applicant requests zero (0) parking spaces where twelve (12) parking
spaces are required; and
WHEREAS; on October 6, 2015, the Zoning Board of Appeals (7BA"),
pursuant to proper notice, held a public hearing in case no. 15ZMJV-0082 to consider
the application, received testimony, and made written records and findings that the
application did meet the standards for Major Variations set forth in Subsection 6-3-8-12-
(E) of the Zoning Ordinance and recommended approval by the City Council; and
WHEREAS, at its meeting of October 26, 2015, 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; and
4
135-0-15
WHEREAS, at its meetings of October 26, 2015 and November 9, 2015,
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 Variation on the Subject Property
applied for in case no. 15ZMJV-0082 and described hereinabove.
SECTION 3: The Major Variation approved hereby is as follows:
(A) Approval to allow zero (0) parking spaces. Subsection 6-16-2-1(C) requires
twelve (12) 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 Variation granted
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.
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."
—2—
135-0-15
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
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: Q)ilUka*V_ (;I.V2015 Approved:
Adopted:._ ANQm\aWr C�, 2015 �tiVQxlr'1 r 2015
Eli eth B. Tisdahl, Mayor
-3-
Att
Ro/ ey Grejne,
City Clerk Cvv:;
135-0-15
Approved as to form:
W. Gradtfarrar, Corporation Counsel
135-0-15
EXHIBIT A
Legal Description
That part of the South 6.25 Chains of the Northeast % of Section 30, Township 41
North, Range 14, East of the Third Principal Meridian described as follows: beginning
on a line parallel with and 33.00 feet North of (measured at right angles to) South Line
of said Northeast'/4 at a point 550.87 feet East of (measured along said parallel line) the
Easterly Line of Chicago Avenue (formerly Clark Street) thence North at right angles to
said parallel line, 85.00 feet; thence East parallel with the South Line of the Northeast'/4
71.57 feet more or less to the Westerly Line of the right of way of the Chicago
Milwaukee and St. Paul Railroad at a point 118.00 feet North of (measured at right
angles to) the South Line of said Northeast'/4; thence Southeasterly along the Westerly
Line of said right of way 115.81 feet more or less to a point 33.00 feet North of
(measured at right angles to) the South Line of said Northeast '/4; thence West 149.46
feet more or less to place of beginning, in Cook County, Illinois.
PIN(s): 11-30-213-020-0000
Commonly Known As: 309-323 Howard Street, Evanston, Illinois.
-5-