HomeMy WebLinkAboutORDINANCES-2012-138-O-12k
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AN ORDINANCE
Granting a Special Use Permit and Major Variation.
for an Automobile Service Station and Accessory Structure
Located at 2400 Main Street in the C1 Commercial Zoning District
("Food 4 Less Gas Station")
WHEREAS, the Zoning Board of Appeals ("ZBA') met on October 16 and
November 13, 2012, pursuant to proper notice, to consider case no. 12ZMJV-0068, an
application filed by Ralph's Grocery Company, d/b/a "Food 4 Less Midwest", lessee of
the property legally described in Exhibit A, attached hereto and incorporated herein by
reference, commonly known as 2400 Main Street (the "Subject Property") and located in
the C1 Commercial Zoning District, for a Special Use Permit and Major Variation to
establish, pursuant to Subsections 6-10-2-3 and 6-3-8-3-(D)-2 of Title 6 of the Evanston
City Code, 2012, as amended ("the Zoning Ordinance"), an Automobile Service Station
and accessory structure 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 and
Major Variation met the standards set forth in Subsections 6-3-5-10 and 6-3-8-12-(E) of the
Zoning Ordinance and recommended City Council approval of said application; and
WHEREAS, at its meeting of November 26, 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-0068; and
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WHEREAS, at its meetings of November 26 and December 10, 2012, the is
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 hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council hereby approves the Special Use Permit
for an Automobile Service Station on the Subject Property as applied for in case no.
12ZMJV-0068.
SECTION 3: The City Council hereby grants a Major Variation to permit
construction, on the Subject Property, of a flat roof canopy not to exceed nineteen feet
(19) in height measured from the lowest grade point beneath the canopy to the highest 0
point of the canopy; Subsection 6-4-6-2-(G) of the Zoning Ordinance establishes a
maximum height of fourteen feet, six inches (14'6") for accessory structures.
SECTION 4: Pursuant to Subsections 6-3-5-12 and 6-3-8-14 of the
Zoning Ordinance, the City Council hereby imposes the following conditions on the
Applicant's Special Use Permit and Major Variation, 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 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.
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\• B. Recordation: Before it may make use of the Special Use Permit and/or Major
Variation authorized by this ordinance, the Applicant shall record, at its cost, a
certified copy of this ordinance with the Cook County Recorder of Deeds.
SECTION 5: 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 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: 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 9: 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.
Introduced:P ug—TN Lu 2012 Approved:
Adopted: _Q,m1 (.) , 2012 �J �� 13 2012
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Eliz a B. Tisdahl, Mayor
Attest: Approved as to form:
• Rodney Greene/City c el rk W. Grant Farrar, Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
LOT 1 IN EVANSTON MAIN STREET COMMONS RE -SUBDIVISION, BEING A RE -SUBDIVISION OF
LOT 2 AND PART OF LOT 3 IN MAIN STREET COMMONS SUBDIVISION, AND A RE -SUBDIVISION OF
PART OF LOT 2 IN GENERAL DYNAMICS - EVANSTON INDUSTRIAL PARK, ALL IN THE SOUTHWEST
% OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN
IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT OF SUBDIVISION RECORDED SEPTEMBER
24, 2005 As DOCUMENT 0532539031.
COMMONLY KNOWN As: 2400 Main Street, Evanston, Illinois.
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