HomeMy WebLinkAboutORDINANCES-2013-049-O-135/13/2013
4/24/2013
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AN ORDINANCE
Granting a Major Variation Related to Parking at
623-6271/2Howard Street in the B3 Business Zoning District
WHEREAS, Peckish One, LLC (the "Applicant"), lessee of the property
commonly known as 623-627Y2 Howard Street (the "Subject Property"), located within
the B3 Business zoning district and legally described in Exhibit A, attached hereto and
incorporated herein by reference, submitted an application seeking approval of a Major
Variation to parking requirements imposed by Subsection 6-16-1-3 of Title 6 of the
Evanston City Code of 2012, as amended ("the Zoning Ordinance"); and
• WHEREAS, the Applicant requests a Major Variation to convert a garage
containing eight (8) off-street parking spaces into a microbrewery for a Type 1
Restaurant, yielding zero (0) off-street parking spaces on the Subject Property; and
WHEREAS, on April 23, 2013, the Zoning Board of Appeals ("ZBA"),
pursuant to proper notice, held a public hearing in case no. 13ZMJV-0022 to consider
the application, received testimony, and made written records and findings that the
application met the standards for Major Variations set forth in Subsection 6-3-8-12-(E}
of the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of May 13, 2013, the Planning and
Development ("P&D") Committee of the City Council considered, amended, and
adopted the ZBA's findings and recommendations, and recommended City Council
0 approve the Major Variation, as amended; and
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WHEREAS, at its meeting of May 13, 2013, the City Council considered (A
and adopted the recommendation of the 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 hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council hereby adopts the ZBA and P&D
Committee's records, findings, and recommendations, and hereby approves, pursuant
to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variation on the Subject
Property applied for in case no. 13ZMJV-0022 and described hereinabove.
SECTION 3: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the Major Variation granted •
hereby, violation of any of which shall constitute grounds for penalties or revocation •
thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance:
(A) Compliance with Requirements: The Applicant shall develop and use the
Subject Property in substantial compliance with all applicable legislation, with the
testimony and representations of the Applicant to the ZBA, the P&D Committee,
and the City Council, and the approved plans and documents on file in this case.
(B) Recordation: The Applicant shall, at its cost, record a certified copy of this
ordinance, including all Exhibits attached hereto, with the Cook County Recorder
of Deeds, and provide proof of such recordation to the City, before the City may
issue any construction permits pursuant to the Major Variation authorized hereby.
(C) Employee Parking: When driving to work at the Subject Property, the Applicant
and its employees shall not park in any on -street spaces. The Applicant shall
maintain permits or leases for no fewer than (8) off-street parking spaces located
within 1,000 feet of the Subject Property for its employees' use during the hours
of 6:00 p.m. to midnight on any day.
(D) Valet Parking: The Applicant shall provide valet parking service for patrons •
during peak business hours, as needed.
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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: Except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full force and effect with respect to the use and
development of the same.
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 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.
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Introduced: Iir tLIL, I-3 , 2013
Adopted: -T"YIA .�,, 2013
Attest:
4Ro6y Gre , pity Clerk
Approved:
%E , 2013
Ef§beth B. Tisdahl, Mayor
Approved to form:
T
W. GKant Farrar, orporation Counsel
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EXHIBIT A
Legal Description
LOTS 7, 8 AND 9 IN BLOCK 1 IN NILES-HOWARD TERMINAL ADDITION, BEING A SUBDIVISION OF
THE SOUTH 6.25 FEET CHAINS (412Y2 FEET) OF THAT PART OF THE NORTHEAST 1/a OF SECTION
30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST
OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY, IN COOK
COUNTY, ILLINOIS.
PIN: 11-30-209-025-0000
Commonly Known As: 623-627'/ Howard Street, Evanston, Illinois.
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