HomeMy WebLinkAbout028-O-21 Special Use Permit: Type 2 Restaurant Located at 955 Howard Street; Ali's Halal Eatery3/10/2021
28-O-21
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 955
Howard Street in the 82 Business District
("Ali's Halal Eatery")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on February 16,
2021, pursuant to proper notice, to consider case no. 21 ZMJV-0004, an application filed
by Zubair Khawaja (the "Applicant"), operator of the property legally described in Exhibit
A, attached hereto and incorporated herein by reference, commonly known as 955
Howard Street (the "Subject Property") and located in the B2 Business District, for a
Special Use Permit to establish, pursuant to Subsection 6-9-3-3 of the Evanston City
Code, 2012, as amended ("the Zoning Ordinance"), a Type 2 Restaurant 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 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 22, 2021, 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 approved the application in case no. 21 ZMJV-0004; and
28-0-21
WHEREAS, at its meeting of April 12, 2021, 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 Type 2 Restaurant on the Subject Property as applied for in case no. 21 ZMJV-
SECTION 3: Pursuant to Subsection 6-3-5 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 6-3-5 of the Zoning Ordinance:
A. 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. Trash containers shall not be located near the alley by the Subject Property.
C. The restaurant shall not operate beyond 1 a.m. on any day, and the hours of
operation may be reviewed by the Design and Project Review Committee after
one year to determine if the hours shall be adjusted.
D. 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.
WA
28-0-21
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: March 22 , 2021 Approved:
Adopted: March 22 , 2021
March 31 , 2021
Stephen H. Hagerty, Mayor
Attest: Approved as to form:
Devon Reid, City Clerk Kelley A. Gandurski, Corporation Counsel
-3-
28-0-21
EXHIBIT A
LEGAL DESCRIPTION
Lots 1 and 2 in Grant's Howard Ridge Addition to South Evanston, a subdivision of
(except the south 42 feet) in Lot 1 in a subdivision of part of Lot 9 in County Clerk's
Division in Section 30, Township 41 North, Range 14 East of the Third Principal
Meridian, in Cook County, Illinois.
COMMONLY KNOWN AS 955 HOWARD STREET
PIN # 11-30-122-058-0000
NOT APPROVED
MEETING MINUTES EXCERPT
ZONING BOARD OF APPEALS
Tuesday, February 16, 2021
City of 7:00 PM
Evanston Via Virtual Meeting
Members Present: Violetta Cullen, Kiril Mirintchev, Max Puchtel, Myrna
Arevalo, Lisa Dziekan
Members Absent: Mary McAuley, Jill Zordan
Staff Present: C.W. Sterling, M. Klotz
Presiding Member: Violetta Cullen
955 Howard Street ZBA 21 ZMJV-0004
Zubair Khawaja, operator, submits for a Special Use for a Type 2 Restaurant, Ali's Halal
Eatery, in the B2 Business District (Zoning Code Section 6-9-3-3). The Zoning Board of
Appeals makes a recommendation to City Council, the determining body for this case.
Mr. Sterling read the case into the record.
The applicant described the business:
• Small carry out restaurant
• Owner has over 20 years of experience operating similar facilities on the south
side of Chicago
• Ali's Halal Eatery
• Hours of operation hope to be 10am - 3am if possible but understand staff would
like to limit hours to midnight daily
• Carry out packaging items will be recyclable
• Deliveries in will occur via the parking lot around 11 am once per week
• There is adequate parking in the parking lot. The pawn shop and nail salon close
around 7pm just as the restaurant will be busiest
• Garbage pickup is off of the alley
• Late night hours are needed since that is when most business is done.
Ms. Klotz stated she is not aware of other Type 2 Restaurants on Howard St. that
operate beyond midnight, and recommends the midnight condition with the option to
request later hours after a year or more of operation without security issues.
Deliberation:
Member Puchtel stated his support of the project but is unsure of what hours to list.
Member Dziekan agreed, and noted 3am is likely later than appropriate for the business
district but lam may be fine. Chair Cullen noted Pizza Hut next door closes at midnight.
Member Mirintchev noted garbage pickup should not be via the alley.
Page 1 of 2
Zoning Board of Appeals
Member Arevalo agreed hours of operation until 1 am seem appropriate.
Member Puchtel motioned to approve the Standards, seconded by Member Mirintchev,
and unanimously approved.
Member Dziekan motioned to recommend approval of the special use with hours of
operation allowed until lam with a re -review by DAPR in one year, and that garbage
cans not be placed by the alley. The motion was seconded by Member Mirintchev, and
unanimously recommended for approval.
Page 2 of 2
Zoning Board of Appeals