HomeMy WebLinkAbout029-O-21 Special Use Permit Type 2 Restaurant at 630 Davis St. D2 Downtown Retail Core District3/10/2021
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AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant Located at 630
Davis Street in the D2 Downtown Retail Core District
("Deep Purpl")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on February 16,
2021, pursuant to proper notice, to consider case no. 21 ZMJV-0007, an application filed
by Gabriel Fleury (the "Applicant"), lessee of the property legally described in Exhibit A,
attached hereto and incorporated herein by reference, commonly known as 630 Davis
Street (the "Subject Property") and located in the D2 Downtown Retail Core 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 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-0007; and
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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-
0007.
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. Hours of operation shall not exceed 6 a.m. - midnight on weekdays and 6 a.m. —
1 a.m. on weekends.
C. 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."
IMA
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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
Adopted: And 12
Attest:
Fdxow-do Gomez
Eduardo Gomez, Deputy Clerk
, 2021 Approved:
, 2021
April 26 , 2021
Stephen H. Hagerty, Mayor
Approved as to form:
XrAda l ". awt'. i
Nicholas E. Cummings, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
Sub -Lot 4 in the Northwestern University Resubdivision of Lots 11 and 12 in Block 27,
according to the Plat Recorded January 29, 1919 as Document Number 6456751,
except the South 16 feet of said Sub -Lot 4, which is used and has been Dedicated for
the Purpose of a Public Alley, in the East 1/2 of the Southwest 1/4 of Section 18,
Township 41 North, Range 14 East of the Third Principal Meridian, in Cook County,
Illinois.
COMMONLY KNOWN AS 630 DAVIS STREET
PIN # 11-18-312-019-0000
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