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HomeMy WebLinkAbout030-O-21 Special Use Permit for a Commercial Indoor Recreational Facility 1801-1803 Central St. in the B1a Business District & oCSC Central Street Overlay3/10/2021 30-0-21 AN ORDINANCE Granting a Special Use Permit for a Commercial Indoor Recreational Facility Located at 1801-1803 Central Street in the B1a Business District and oCSC Central Street Overlay WHEREAS, the Zoning Board of Appeals ("ZBA") met on February 16, 2021, pursuant to proper notice, to consider case no. 21 ZMJV-0005, an application filed by James Hennessey (the "Applicant"), contract purchaser at the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1801-1803 Central Street (the "Subject Property") and located in the B1 a Business District and oCSC Central Street Overlay, for a Special Use Permit to establish, pursuant to Subsections 6-9-5-3 and 6-15-14-7 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Commercial Indoor Recreation Facility 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 Recreation 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 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-0005; and 30-0-21 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 Commercial Indoor Recreation Facility on the Subject Property as applied for in case no. 21 ZMJV-0005. 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. 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. -2- 30-0-21 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: April12 Attest: f--dx0,,-do Gomez , 2021 Approved: , 2021 Aoril26 J Stephen H. Hagerty, Mayor Approved as to form: �cc%d.j t. 4mm,;yj , 2021 Eduardo Gomez, Deputy City Clerk Nicholas E. Cummings, Corporation Counsel -3- 30-0-21 EXHIBIT A LEGAL DESCRIPTION Lot 20 and the East 5.00 feet of Lot 21 in .Jenks' Resubdivision of Block 37 in North Evanston, being a Subdivision of Lots 11 to 16 and the West 4-3/10 Acres of Lot 17 in George Smith's Subdivision of South Part of Quilmette Reserve and also of Lots 1, 3 and that Part of Lot 2, lying between the Chicago and Milwaukee Railroad and West line of Lot 3 produced to the North Line of Section 12, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. COMMONLY KNOWN AS 1801-1803 CENTRAL STREET PIN # 05-34-427-016-0000 -4-