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HomeMy WebLinkAbout056-O-21 Special Use Permit for a Daycare Center, Domestic Animal & Kennel; 2116-2120 Ashland Ave, 1625 Payne St., 2147-2149 Dewey Ave5/5/2021 56-0-21 AN ORDINANCE Granting a Special Use Permit for a Daycare Center — Domestic Animal and a Kennel Located at 2116-2120 Ashland Avenue, 1625 Payne Street, 2147-2149 Dewey Avenue in the MXE Mixed -Use Employment District ("Rex's Place") WHEREAS, the Zoning Board of Appeals ("ZBA") met on April 20, 2021, pursuant to proper notice, to consider case no. 21ZMJV-0033, an application filed by Kathy Lichtenstein (the "Applicant"), owner, lessee and contract purchaser of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2116-2120 Ashland Ave., 1625 Payne St., 2147-2149 Dewey Ave. (the "Subject Property') and located in the MXE Mixed -Use Employment District, for a Special Use Permit to establish, pursuant to Subsection 6-13-4-3 of the Evanston City Code, 2012, as amended ("the Zoning Ordinance"), a Daycare Center — Domestic Animal and Kennel, 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 Daycare Center — Domestic Animal and Kennel 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 May 24, 2021, the Planning and Development Committee of the City Council ("P&D Committee") considered the ZBA's record and 56-0-21 findings and recommended the City Council accept the ZBA's recommendation and approved the application in case no. 21ZMJV-0033; and WHEREAS, at its meeting of June 14, 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 Daycare Center - Domestic Animal and Kennel on the Subject Property as applied for in case no. 21 ZMJV-0033. 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. Within twelve (12) months of acquisition, the Applicant shall remove the existing curb cut, restore the street curb, and construct a standard sidewalk the length of the property (at applicant's own expense in coordination with Public Works Agency staff). B. On -street loading zone is permitted with specified hours by Applicant with zone made available for street parking during non -loading zone hours. C. 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. -2- 56-0-21 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. 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. -3- 56-0-21 Introduced: Mav 24 , 2021 Approved: Adopted: June 14 , 2021 6121 , 2021 Daniel Biss, Mayor Attest: yy� Approved as to form: X&v� U"Ia r 6. cwn'U;yj Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation Counsel 56-0-21 EXHIBIT A LEGAL DESCRIPTION LOTS 5, 6, AND 7 IN THAYER RESUBDIVISION OF LOTS 1 TO 8 INCLUSIVE OF BLOCK 7 IN PAYNE'S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINS: 10-12-421-018-0000, 10-12-421-017-0000, 10-12-421-006-0000 Commonly Known As: 2118-2120 Ashland Avenue, Evanston, Illinois. Lots 9 and 10 in Block 6 in Payne's Addition to Evanston, being a Subdivision of the Southwest Quarter of the Southeast Quarter of Section 12, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. PIN: 10-12-415-007-0000 10-12-415-006-0000 Commonly Known As: 1625 Payne Street, Evanston, Illinois. Lot 11 in Block 6 in Payne's Addition to Evanston in the Southwest Quarter of the Southeast Quarter of Section 12, Township 41 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois. PIN: 10-12-415-005-0000 Commonly Known As: 2147 Dewey Avenue, Evanston, Illinois. PART OF LOT 12 IN BLOCK 6 IN PAYNE'S ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-12-415-004-0000 Commonly Known As: 2149 Dewey Avenue, Evanston, Illinois. -5- NOT APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, April 20, 2021 7:00 PM Via Virtual Meeting Members Present: Violetta Cullen, Kiril Mirintchev, Max Puchtel, Lisa Dziekan, Myrna Arevalo Members Absent: Mary McAuley, Jill Zordan Staff Present: Melissa Klotz, Katie Boden Presiding Member: Violetta Cullen 2116-2120 Ashland Ave., 1625 Payne St., 2147-49 Dewey Ave ZBA 21ZMJV-0033 Kathy Lichtenstein, owner, lessee and contract purchaser, submits for the expansion of Special Use Ord. 84-0-18 for a Special Use Permit for a Daycare Center — Domestic Animal and aKennel, Rex's Place, in the MXE Mixed -Use Employment District (Zoning Code Section 6-13-4- 3). The Zoning Board of Appeals makes a recommendation to the City Council, the determining body for this case. Ms. Klotz read the case into the record and mentioned that an additional 24 letters of support were received after the packet had been posted. Ms. Kathy Lichtenstein, applicant, explained her proposal. She mentioned they have been in business for 13 years and opened the kennel two years ago. They have been renting their location and are now looking to purchase the building so they can expand their operations. The business will remain exactly as is with a new agility center in the new space that can also be rented out. Member Dziekan asked for more information regarding drop offs and traffic circulation and whether the expansion will impact those. Ms. Liechtenstein said that due to COVID, they have been doing curbside drop off and pick ups outside, and will continue to do so. In a meeting for her previous special use approval, there was discussion regarding rebuilding the sidewalk and providing a loading zone for daytime hours. This would allow for regular parking outside of the loading zone hours. Member Dziekan asked whether their new operations would change existing hours. Ms. Llchtenstein replied she does not expect the hours of operation to change. Chair Cullen asked whether they will be able accepting more dogs with the agility center. Ms. Lichtenstein said they hope to increase the number of dogs coming in and they will be able to increase the training. The new space could also be utilized for dogs who are competing. However, she does not anticipate a large increase since it will be structured as classes, which hold about ten dogs at a time. The daycare will remain as is. Chair Cullen asked about their current capacity. Ms. Lichtenstein replied they have approximately 100-110 dogs per day. Member Dziekan asked about the last expansion, the impact of dogs walking through the neighborhood, and whether there were any similar concerns with this expansion. Ms. Lichtenstein does not foresee any additional neighborhood impact. She mentioned they are very aware of any potential issues and that her staff has proposed a community clean up day for the neighborhood. Member Puchtel asked about DAPRs condition to restore the curb cut and wanted to confirm there would be no traffic entering the building through the front. Ms. Lichtenstein replied no vehicles would be entering the building from the front. Member Arevalo asked about the number of additional staff being considered for the expansion. Ms. Lichtenstein said she expects 5 or 6 new employees. Member Arevalo inquired as to where they would park. Ms. Lichtenstein explained most of her staff takes public transportation and those who drive park in the City lot down the street. Chair Cullen opened the hearing up to public discussion. Ms. Sandy Wilson spoke in support of the business and expansion. Mr. Michael Chookaaszian, one of the partners of Double Clutch Brewing, had some concerns about traffic. He inquired whether the curb cut can be inset five feet to allow more room for cars on the street. Ms. Lichtenstein said she has no problem with that request as long as it is approved by City staff. Ms. Klotz said staff will look into this issue further. Deliberation: Member Dziekan supports the project and feels it serves a need in the community. The proposed use is not a high intensity use in the neighborhood and the expansion supports a long term business in Evanston. MemberArevalo agreed. Member Mirintchev would like to see improvements with the curb cut and dropoffs, but otherwise in full support. Member Puchtel agreed this a great project, and is supportive subject to the proposed DAPR conditions. Chair Cullen agreed and mentioned she is glad to see an Evanston business expand. Standards: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. NA 8. NA 9. Yes Ms. Dziekan motioned to approve the proposal, seconded by Member Puchtel with conditions: 1. Within 12 months, removing the curb cut and adjacent sidewalk, restoring the street curb, and constructing a standard sidewalk the length of the property 2. On -street loading zone permitted with specific hours needed by applicant, zone to be available for street parking during non -loading zone hours The motion was approved 5-0. Adjourn 7:24 p.m.