HomeMy WebLinkAboutORDINANCES-2014-014-O-14•
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AN ORDINANCE
Granting a Special Use Permit for a Retirement Home Located at
1300 Oak Avenue in the R5 General Residential District
("Evanston Nursing Home")
WHEREAS, Yosef Meystel (the "Applicant"), owner of the property
commonly known as 1300 Oak Avenue (the "Subject Property"), located within the R5
General Residential Zoning District and legally described in Exhibit A, attached hereto
and incorporated herein by reference, submitted an application seeking a Special Use
Permit to establish, pursuant to Subsection 6-8-7-3 of the Evanston City Code, 2012, as
amended (the "Zoning Ordinance"), a Retirement Home on the Subject Property, along
• with Major Variations to land use requirements imposed by Subsections 6-8-7-7-A-1, 6-
8-7-6, and 6-8-7-9-A of the Zoning Ordinance; and
WHEREAS, on December 17, 2013, the Zoning Board of Appeals ("ZBA" ),
pursuant to proper notice, held a public hearing in case no. 13ZMJV-0119 to consider the
application, receive testimony, and made written records and findings that the application
did meet the standards for Special Uses -in Section 6-3-5 and Major Variations in Section 6-
3-8-12-(E) of the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of January 13, 2014, 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 approve the application in case no. 12ZMJV-0119; and
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WHEREAS, at its meetings of January 13, 2014 and January 27, 2014,
the City Council considered and adopted the respective records, findings, and •
recommendations of the ZBA and 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 found as fact and incorporated
herein by reference.
SECTION 2: The City Council' hereby approves the Special Use Permit
for a Retirement Home and Major Variations on the Subject Property as applied for in
case no. 13ZMJV-0119 and described hereinabove.
SECTION 3: The Major Variations approved hereby are as follows:
(A) To permit a front yard setback of 8' where 27' is required on the Subject Property. •
Subsection 6-8-7-7-A-1 of the Zoning Ordinance requires a 27' setback.
(B) To permit 69.5% building lot coverage where a maximum 45% is allowed on the
Subject Property. Subsection 6-8-7-6 of the Zoning Ordinance prohibits building lot
coverage in excess of 45%.
(C) To permit an 85% impervious surface coverage where a maximum 60% is allowed
on the Subject Property. Subsection 6-8-7-9-A of the Zoning Ordinance prohibits
impervious surface coverage in excess of 60%.
SECTION_ 4: Pursuant to Subsection 6-3-5-12 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 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
A. Compliance with Applicable Requirements: 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.
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B. Recordation: 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 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."
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 8: 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 9: 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: 3 , 2014
Adopted.t__ ..ti1��� - , 2014
Approved:
2014
jEliz,eth B. Tisdahl, Mayor
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Attest: Approved as to form:
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Rodney Gregne, City Clerk W. rant 14rrar, CKporation Counsel
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EXHIBIT A
Legal Description
LOT 1 IN BLOCK 43 IN CATHERINE M. WHITE'S RESUBDIVISION OF BLOCK 43 IN
THE VILLAGE OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS
PIN: 11-18-326-011-0000
Commonly Known As: 1300 Oak Avenue, Evanston, Illinois 60201
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