HomeMy WebLinkAboutORDINANCES-2011-099-O-11•
11 /9,12011
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AN ORDINANCE
Granting a Special Use Permit for
an Automobile Body Repair Establishment
Located at 1961 Dempster Street in the
C2 Commercial Zoning District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on October 18,
2011, pursuant to proper notice, to consider case no. 11 ZMJV-0064, an application filed
by Marek Drozd, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 1961 Dempster Street (the
"Subject Property") and located in the C2 Commercial Zoning District, for a Special Use
Permit to establish, pursuant to Subsection 6-10-4-3 of Title 6 of the Evanston City
• Code, 1979, as amended (the "Zoning Ordinance"), an Automobile Body Repair
Establishment 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 for
an Automobile Body Repair 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 November 14, 2011, the Planning and
Development Committee of the City Council ("P&D Committee") considered and
adopted the ZBA's record and findings and recommended City Council approval
thereof; and
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WHEREAS, at its meeting of November 28, 2011, the 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:
a part hereof.
SECTION 1: The foregoing recitals are found as fact and made
SECTION 2: The City Council hereby approves the Special Use Permit
for an Automobile Body Repair Establishment on the Subject Property as applied for in
case no. 11 ZMJV-0064.
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 and Vehicle Deliveries: The Applicant shall neither
operate the Automobile Body Repair Establishment nor accept deliveries of
vehicles thereto except between 9:00 a.m. and 6:00 p.m. on any day.
C. No Overnight Vehicle Storage Outdoors: The Applicant shall store all
vehicles, left for repairs at the Automobile Body Repair Establishment, inside said
establishment between 6:00 p.m. and 9:00 a.m. every day.
D. Hazardous Material Disposal: While operating the Automobile Body Repair
Establishment authorized by the terms of this ordinance, the Applicant shall
comply with all applicable environmental laws, rules, and regulations regarding
the disposal of hazardous materials.
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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: 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 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: 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: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
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Introduced: 4 , 2011
Adopted Q,m 2011
Attest:
99-0-11
Approved:
/'C/Y IliP, 2011
Eliz th B. Tisdahl, Mayor
Approved as to form:
Ryoe:y IreeryelCity Clerk '�' W. Grant Farrar, Corporation Counsel
Elm
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EXHIBIT A
LEGAL DESCRIPTION
PAID.. I V
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Lori I IN THE FLAT OF ;zUsSOIS ColmouDATIOil OF PAR T# OF THE SOUTH FAST 114 OF THE
SOUT.tiWEST 1/4 OF SECTION 13. TOWS141P 41 KORTH, RANbt! 13 EAST OF 114E THIRO
PRINCIPAL WRIDIAN, I' CGOX COV ILLINOIS
PARCEL Z.-
RECIPROCAL EASFX5h-r AGREEIX-flT DATED APRIL 2S, 1198R AMb RECORDED MAY fi. 100 AS
DOCU6TNT 8BI:90554 YME B`Y AN4 EIEWEEN AMERICAN NATIONAL BANK AW TIWST COMPAUY OF
CH10AW, A A NATIONAL BANKING ASSOCIATION. AS TRUSTEE UNDER TRU$T AGREM&ENT DATEG
FEBRUARY 1, 1983 AND XNV,4,% AS *rqW MMER 10.4803-D9 AND. M"CODUALD'S CORPORATION
IN FAM OF PARCEL I FoRli A PmPETIUAL, NOX-EXCLUSIVE EASEMENT FOR THE PURMSE OF
MAIXTAT9199, REPAIRING, REPLACING AND RENE-VING A STDRM SEWER LIVE OWR THE LAN10
bESCRIBED AS FOLLOM,
A TRACT OF LAND IN THE S06T9 1/2 OF TIDE SOUTH FAST 114 OF US SMM*EST 1/4 OF.
$ECT$1014 13, TOWNSHIP 41 NQRTI4, RAINGE lZ EAST OF THE THIRD PRINCIPAL MERIDIAN,
Dn-CRISW AS V0L(,OWS:;:
CMEWING AT THE IXTERSEC-jIQN OF THE NORTH LINE OF 0EfVP$T9R STREET (BEING $Z
FEEy NORTH OF TILE so` L I NE OF SA 10 . SECTI ON 73) A Mv THE WIS T LI 19E OF 0o1)r'E
AV-"*. U9 (BEING 33 FEET WEST OF THE CAST LtN--- OF THE SOUTHWEST 1/4 OF SALID SECTION
13); THSNICE 140M ALONG THE i&,E$T LINE OF DODGE XVEXUF-, 135 FEET; THERCC SDUTH 87
D€GPEES, 43 MINUTES, 45 SECONDS WEST A TH NE OF
I LONG A LINE PARALLEL WITH THE SOU LINE
SAID SECTION 13, 246 FEET TO VEVOINT OF SEGINXt" OF RE RERtIX DESCRIBED
TRAtT;: TRUCE CONTINUMIS SOUTH 87 OEGiREES, 43 MINUSS, 45 SECONDS WEST, 42.30
MET T(l THE UsTERLY P.IGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN ralLWAY
(FDM&Ry Tjqt juNcTliDg RAILWAY papAxy,); TVO-ce souni za DMEEs. oz MiNuTES, 45
$EcWDS VMST ALONO SAID EASTERLY RIC-14T OF WAY LINE, 144.08 FEET TO THE MATH LINE
OF DEMPSTER'SMET; TMICE NORTH 87 OMEES. 43 Xf NUTES, 45 SECONOT EAST ALONG
THE NOM LIM OF DWISTER MEIM 42.49 FEEVtO A POINT 301.96 FEET WEST OF llie
wEST UNE OF Dove-r- Amut; THENCE NORTH 22 Desms, 00 MIWTIM 45 SECDNDS EAST
14847 FEET TO THE POINT OF BEtlMINr,, EXCEPTIRG TH.MFROM THAT PART DESMSED AS
FOLLOWS:.
A TRACT OF LAND Ijj Tije SOUTH 1/2 OF THE SOUTH EAST' V4 OF THE SOUTMEST 1/4 OF
SECTION 13, TOWNSHIP 41 NORT9, RANGE 13 EAST OF THE THIRO PRtNCIPAL MERIDIAN,
BOUT DED AND DESCRIAto AS FOLIOS-.,
C,00VOING AT THE INTMECTION OF THE NORTH LlOWSTER STREET (BEING 33
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FEET WORTH 0FTRF- SOUTH. Lt%S OF SAID SECTION,,") U THE WIEST LINE OF WDSE
"MVE - (SE 1 U14 33 FEET WEST OF THE FAST 70 T14E S-OtMiVEST 1/4 OF SAID =TION
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13.3; ` HE14CIE WESTERLY ALOUG 'CIE NORTH LINIE' OF DOWST99 VgMT.. A DISTANCE OF 303.75
FECT YO THE POINT Of HIEG IlilN l RG, THENCE CONTINUING AL€ 90 1114E RORTH LINT~ 0 ITEMPSTER
STREET, A IrISTANC6 OF 40.00 FEET TO THE SOUTHEAST CORNER OF LOT 2 IN IIA NA1f3 HY
SUBDIVISION, SEIM A SUBDIVISION OF PART OF THE SC1iJTIi EAST 1/4 OF V.15 SOUTH'E, ST 1/4
OF SECT I DN. 13, TOWM I P Al I#EiIT H,, R.ANUe 13 EAST OF TsiE T'IH IRD PR I NC I PAL. IR I D I ATV;
TKE 9CE IN A NORTHEASTERLY G I RECT I ON ALONG THE EASTERLY LINE -OF 5A I D LOT 2 (SAID LOVE
HE I NG ALSO THE FORUM EASTERLY LIKE OF THE CH I CA4GO ANG NORT"WESTI R.�I RAILWAY) , A
DISTAIsJCE OF 97.14 FEET, THE.N(:E IN A SOUTHERLY DIREC71ON ALONG THE LI)CWHICH FORMS AN
ANGLE 22 DEGREES, 00 MINUTES, 38 SECONDS WITH SAID EASTERLY LINE, A D I STA,RCE OF 811.5E
FEET TO TI:iE POINT" OF SEGIN141%,
ALSO, E=PT THE EAST-150 FEET THEREOF, (AS MEAS-JRED ALONG THE NORTH AND SOUT14 Li,NI1=S
TRMZOF) T14E PR81AISES DESCRIBED AS FOLLOWS*..,
A TR&,,'`T" OF LAaa IN THE EAST 1/2 OF THE SOEj't3 ST 1/4 OF SECTION 13, TOWINSHIP 41
NORTH, RANGE 13 EAST OF T 1JE THIRD PR INC I PAL 99A I D I AN, LYING EAST 4F THE EASTERLY
R I CHT OF WAY LINE OF THE CH I CAGG AND Is0ltrKESTEM' RAILWAY (FORMERLY THE CH I CAGO
JUNCTION RAILWAY) SOUNE1M AND RSCRIM AS FOLLOWS::
BEG I !tN I NG A T THE I UTERSECT" I ON OF. T)ie DORY I I L I [DIY 4F D&MPS] ER ST'REE`i` (E. I I� $3.00 FEET"
NORTId OF THE SOUTTi LINE OF SAID SECTIO14 13) AND TK WSST 1,10- OF DODGE AVENUE: (SEING,
33.00 FEET' WEST OF 'ME EAS i LIK OF THE SOUTIOMST 1/4 OF S£il�I" l ag 13) . THEME N'OIiTIi OQ
GE GREES. 00 hilAiUMS. 00 SECORDS EAST ALONO T14E WEST LINE t r-KOGE AVERIJ-5 (BEIRG ALSO
33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID 5DUThVEST 114 OF SECTION
13, A DISTANCE OFI35,LTCE�Cy SOUTH $T DEGREES,: 42 MINUTES, 2tSEC05;i�FEST.
AtL014G A LINE PARALLEL. WITH THE SMITH LIKE OF SAiIII, SECTION 13. Ai DtDANCE OF 24$.00
FEET; THENCE SOUTH 22 DE"GRES, 01 U J N!JTES, 1i SECQXb5 ilE ..T. A C I STANCE OF 149, 02 FEU
TO A POINT ON. THE: NORTH LINE OF SAID OgtP:gr5R STREET.' 12494M NORTH 87 OEGREES. 42,
MINUTES, 20 SECONDS EAST ALONG THE 90 ri LINE € r SAID lSF..I,1F5'I ER SCREE' (BEING ALSO
3.3.00 FEET NORTH OF AND FARALML WITH Tilt' SOLITH L(RE OF SAID SECTION 13), A. 01Si tE a
OF 301,55 PEST TO- T14S POINT OF BEGINNING,
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ALSO A TRACT OF LAha IN THE SOUTH 1 t2 OF I-pE SOUTH EAST 1/4 OF THE SOUTII ETST 114 OF
SECTION 13, TOMSHIP 41 ROIITI•f, Ra(!E 13 FAST OF THE THIRD PRINCIPAL MERIDIAN,
N,
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DESCRIED AS FOtL.MT
(=tII41dB:M [ W& AT THE INTERSECTION OF THE< NORTH LIKE OF MPSTM STREET (8r I NG 33 i=
NORTH OF !Nl; SOUT14 L, I NE OF SAID StOTI ON 131 AND THE VEST LINE OF DODGE �CVEWE (BEI NC
33 FM- WEST Or THE EAST' LINE OF THE SOUiB ST 114. OF SAID SE:C;ION 13), THeNCE RaRF}t
ALONG THE WEST LINE OF DODGE AVENUE, 135 FEET TO TIME POINT OF StS i UI M OF TIAE; HERE I N
GESCRIKED TRACT: THENCE SQlJTH 87 DEGRECS, 43 T.I1A'UTES. 45 SECONDS WEST ALOW. - A LINE
PARALLEL WITH Tis`E SOLIT)T LINE OF SAID SECTION 13, A VISTAVCE OF 2I<8.30 FEET TO THE
E STERLY RIGHT 'Of WAY LIKE OF THE CHICAGa ANU NOR i NiE~ETERN RAILWAY (FORWRLY THE
.JUNCTIOt4 RAILWAY COMPANY): TidENCE NORTIi 22 DEGREES. 02 MINUTES, 45 St Ct NOS' EAST ALONG
SAID EASTERLY RIGHT OF WAY LiNe, 153.42 FEET TO A POINT OP INTERSECTION iIEIT+"li At LIME
308 FEET` FORTH OF AM PARALLEL WITH SHE;, SOUTK LINE OF SAI:O SECTION 13, THENCE NORTH
87 DCGReCS, 43 J4lMJTES, 45 SE CONDS EAST AL00a SAID LAVE: 308 FEET FORTH OF AND
FARAt4-EL WITH rKE SO,M LINE OF SAID SSrTIMq 13, 230.7S FEET TO TqE WEST LIKE OF
E100AIICENE3E t `CI#ENCEr SOUTH EIi AiLt?tVG SA IE! IgIr51 LINE OP 0006E AVcI�t!!E, 140 rEl .T Ta i tiiE
POINT OF SEG I Ei N I NG, EXCEPTING T HEREFR%t THAT PART 80MI AND DESCR 18:ED A $ FOL t0 . .
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•r4Ntir"ISICCh41G A7 THE INTERSECTION Oz TIIE IWliitl LINE OF OS'CE.a 51R%--c (BEING 33 FI~E'i
KORTH OF THE SOUTI4 LINE OF SAID SECTION 13) AND THE WEST LINE OF 00bGS AVEWS OZIIG
33 FEET WEST OF THE EAST LINE OF THE SOU flf;; ST 1/4 OF SAW SE0,T I Ella 13); 'E h=5 NORTH
ALONG THE WWEST LINE OF AGE- AVENUE, A O I STANC8 OF 207.29 FEET TO i #� POINT T OF
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THENCE WESTMY ALONG A LIVE PARALLEL WITH THE SOUT14 LINE OF SAID SECTION 13., A
DISTANCE OF 25$.48-FEEI'' T10 THE E{SI-ERLY LIBIZ OF LOT 'I IN IIAi<RURY SUBDIVISION, HEI4G A
SUIM I V I S I ON ti,F PART OF TICE Sat4T;•1 EAST 1 /4 OF THE EtiU i WEST T /4 OF SECT I OX 13,
TM. -SHIP 41 NORTH, RMGE 13 WT OF `IIIE THIRD PRINCIPAL 1AERIVIAN MID LINE BEING
ALSO TIE MWEIi EP STERLY RIGHT T OF WAY LINE OF THE CH i CA$Q AND NOR t'H IFt ERE RAILWAY):
THENCE WRTHEASTERLY ALOUG 'ITIE EASTERLY LINE OF SAID LOT '1. A U(STANCE tIF 74,24 FEET
TO THE MINT OF I NTMEC i' I ON WITH A LINE 308 FEET KOM Of A10 PAMi.Et.. WITH THE
SO= L I JMI , €IF SAID SECTION 13* 'r4ENCI EASILY ALi7t�G SA E I) PA4A.LI.EL L #II6 . A i� I57ANCE
OF 230.64 FEET' TO THE WEST LINE: OF 0000E AVENWE: THENCE SOMPLY ALONG sA IZ. MST
LINE OF DODGE AVENUE, A v I St ;.'+ICE OF 5i , 71 FEET To TIRE POINT OF SErG I NN I NG, ALL 10 COOK
C0WlY. I LLI NO I S
PIN: 10-13-322-042-0000
COMMONLY KNOWN As: 1961 Dempster Street, Evanston, Illinois.
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