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HomeMy WebLinkAboutORDINANCES-2013-071-O-13• 6/7/2013 71-0-13 AN ORDINANCE Granting a Special Use Permit for a Wholesale Goods Establishment Located at 2310 Main Street in the C1 Commercial Zoning District (L°Few Spirits") WHEREAS, the Zoning Board of Appeals ("ZBA") met on June 4, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0045, an. application by Few Spirits, LLC (the "Applicant"), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2310 Main Street (the "Subject Property") and located in the C1 Commercial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of Title 6 of the Evanston City Code,- 2012; as amended (the "Zoning Ordinance"), a Wholesale Goods 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 Wholesale Goods 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 June 24, 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 June 24 and July 8, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the 0 ZBA and P&D Committee, 71-0-13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF fe 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 Wholesale Goods Establishment applied for in case no. 13ZMJV-0045. 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. Recordation: Before it may operate the Special Use authorized by the terms of f 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: 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. • —2— 71-0-13 • • • SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: �.d.� 0V , 2013 Adopted: n , 2013 Attest: Rodney erie, City Clerk Approved: I , 2013 Ann Rainey, Mayor Pro ler Approved as to form: W. Grarft Farrar, Corporation Counsel -3- 71-0-13 • EXHIBIT A Legal Description PARCELII: LOT 1 IN GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE SOUTHWEST Y4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST Y4 OF THE SOUTHWEST Y4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF MAIN STREET (WHICH BEARS DUE EAST AND WEST FOR THE PURPOSE OF THIS DESCRIPTION), DISTANT 56.50 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHEASTERLY OR • SOUTH -BOUND TRAIN TRACK OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY AS SAID MAIN TRACK IS NOW LOCATED; THENCE SOUTH 30 DEGREES, 19 MINUTES, . 38 SECONDS WEST, A DISTANCE OF 47.63 FEET, THENCE NORTH 59 DEGREES, 05 MINUTES, 08 SECONDS EAST, A DISTANCE OF 412 FEET, MOR OR LESS, TO A POINT DISTANT 25 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MOST NORTHWESTERLY OR NORTH -BOUND MAIN TRACK OF SAID TRANSPORTATION COMPANY, AS NO LOCATED; THENCE NORTHEASTERLY PARALLEL WITH THE LAST SAID MAIN TRACK CENTER LINE, A DISTANCE OF 123 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID MAIN STREET; THENCE DUE WEST ALONG SAID SOUTH LINE OF MAIN STREET, A DISTANCE OF 20 FEET, MORE OR LESS, TO THE POINT OF THE BEGINNING (EXCEPTING THEREFROM THAT PART, IF ANY, LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY YARD TRACK [CC NO. B-23, AS NOW LOCATED, BEING THE FIRST TRACK EASTERLY OF THE ABOVE -DESCRIBED REAL ESTATE, ALL IN COOK COUNTY, ILLINOIS. PIN: 10-24-300-009-0000 COMMONLY KNOWN As: 2310 Main Street, Evanston, Illinois. C