HomeMy WebLinkAboutORDINANCES-2012-019-O-12I
2/7/2012
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AN ORDINANCE
Granting a Special Use Permit for a Child Daycare Center
Located at 829 Foster Street in the 131 Business Zoning District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on February 7,
2012, pursuant to proper notice, to consider case no. 11ZMJV-0088, an application filed
by Unity Nursery School, LLC (the "Applicant"), contract lessee of the property legally
described in Exhibit A, attached hereto and incorporated herein by reference, commonly
known as 829 Foster Street (the "Subject Property") and located in the B1 Business
Zoning District ("B1 District'), for a Special Use Permit to establish, pursuant to
Subsection 6-9-2-3 of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning
Ordinance"), a Child Daycare Center 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 that City Council grant the application with conditions; and
WHEREAS, at its meeting of February 13, 2012, 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. 11 ZMJV-0088; and
WHEREAS, at its meetings of February 13, 2012 and February 27, 2012,
the City Council considered and adopted the respective records, findings, and
recommendations of the 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 Child Daycare Center on the Subject Property as applied for in case no. 11ZMJV-
SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance,
the City Council hereby imposes the following conditions on the grant of a Special Use
Permit, violation of any of which shall constitute grounds for revocation thereof pursuant
to Subsection 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 between midnight and 6:00 a.m. on any day.
(C) Parking: When driving to work at the Special Use authorized by this ordinance,
the Applicant and its employees shall park only in off-street parking spaces.
(D) Passenger Loading/Unloading: The Applicant shall secure and maintain a
lease for a loading/unloading zone that is located not more than two hundred fifty
feet (250') from the Subject Property. For as long as the Applicant operates the
Special Use authorized by this ordinance, it shall maintain and keep current said
lease and comply with all terms and/or conditions thereof.
SECTION 4: 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 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.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: 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.
SECTION 8: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced 3 , 2012
Adopted: ,t L�Lt-L. � , 20,12
U
Attest:
Ro ney Gr ene, City Clerlc
Approved:
2012
Eli eth B. Tisdahl, Mayor
Approved as to form-
W. Grant array Corporation Counsel
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EXHIBIT A
Legal Description
THE WEST 24 FEET OF LOT 10 AND ALL OF LOT 11 IN BLOCK 2 IN WHEELER AND OTHERS'
SUBDIVISION OF THAT PART OF THE NORTH Y2 OF THE NORTHEAST % OF THE NORTHWEST % OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING WEST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-104-019-0000
Commonly Known As: 829 Foster Street, Evanston, Illinois.
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