HomeMy WebLinkAboutORDINANCES-2013-053-O-13• 5/8/2013
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AN ORDINANCE
Granting a Special Use Permit for a Resale Establishment
Located at 1104 Davis Street in the
D4 Downtown Transition Zoning District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on April 23, 2013,
pursuant to proper notice, to consider case no. 13ZMJV-0021, an application by Joel
Stein (the "Applicant"), lessee of the property legally described in Exhibit A, attached
hereto and incorporated herein by reference, commonly known as 1104 Davis Street
(the "Subject Property") and located in the D4 Downtown Transition Zoning District, for a
Special Use Permit to establish, pursuant to Subsection 6-11-5-3 of Title 6 of the
. Evanston City Code, 2012, as amended (the "Zoning Ordinance"), a Resale
Establishment on the Subject Property; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and findings that the application for a Resale Establishment 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 28, 2013, the City Council's Planning
and Development Committee ("P&D Committee") considered and adopted the ZBA's
record and findings, and recommended City Council approval thereof; and
WHEREAS, at its meetings of May 28 and June 10, 2013, the City Council
considered and adopted the respective records, findings, and recommendations of the
0 ZBA and P&D Committee,
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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 approves the Special Use Permit
for a Resale Establishment applied for in case no. 13ZMJV-0021.
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 Resale Establishment
authorized hereby between the hours of 10:00 p.m. and 7:00 a.m. on any day.
C Furniture Only: The Applicant shall sell only furniture and furnishings in the
Resale Establishment authorized by the terms of this ordinance.
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.
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: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
&A
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SECTION 6: 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 7: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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: �--� i 1, 2013
Adopted: /Q , 2013
Attest:
Auf
Roc�iey Gre e, - Clerk
Approved:
2013
Eli eth B. Tisdahl, Mayor
Approved as to form:
W. Grant Karrar, Corporation Counsel
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EXHIBIT A
Legal Description
LOTS 5 AND 6 IN BLOCK 61 IN EVANSTON, ILL, SECTION 13, TOWNSHIP 41 NORTH, RANGE 13,
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE MAPS THEREOF, RECORDED
JULY 27, 1854, IN BOOK 85 OF MAPS, PAGE 42, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-308-021-0000
COMMONLY KNOWN As: 1104 Davis Street, Evanston, Illinois.
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