HomeMy WebLinkAboutORDINANCES-2013-026-O-13• 3/11 /2013
2/25/2013
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AN ORDINANCE
Granting a Special Use Permit for a
Commercial Indoor Recreation Facility
Located at 739 Main Street in the B2 Business Zoning District
WHEREAS, the Zoning Board of Appeals (' ZBA") met on February 19,
2013, pursuant to proper notice, to consider case no. 13ZMJV-0005, an application filed
by _Fernando Rivera, lessee of the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 739 Main Street (the
"Subject Property") and located in the B2 Business Zoning District, for a Special Use
Permit to establish, pursuant to Subsection 6-9-3-3 of Title 6 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 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 11, 2013, 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-0084; and
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WHEREAS, at its meetings of March 11 and March 18, 2013, 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 an Indoor Commercial Recreation Facility on the Subject Property as applied for in
case no. 13ZMJV-0005.
SECTION 3: 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.
B. Hours of Operation: The Applicant shall not operate the Special Use
authorized by this ordinance after 9:00 p.m. and before 6:00 a.m. on any day.
C. Sound: The Applicant shall not make use of amplified sound in the operation of
the Special Use authorized by the terms of this ordinance. The Applicant shall
mitigate any sound that emanates from- the Subject Property due to its operation
of the Special Use authorized by the terms of this ordinance and violates Section
9-5-20 of the City Code, as amended.
D. 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. •
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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: A Pj) 2013 Approved:
Adopted: 20132013
Attest:
Ro Key Gree, City Clerk
Eli a eth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
THE WEST 50 FEET OF THE SOUTH 100 FEET OF THAT PART EAST OF SHERMAN AVENUE AND
NORTH OF MAIN STREET OF THE NW Y4 OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-19-117-045-0000
COMMONLY KNOWN AS: 739 Main Street, Evanston, Illinois.
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