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HomeMy WebLinkAboutORDINANCES-2011-024-O-113/14/2011 3/2/2011 24-0-11 AN-ORDFNANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1608 Emerson Street in the B2 Business and oWE West Evanston Overlay Zoning Districts ("Shrimp Max") WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 1, 2011, pursuant to proper notice, to consider case no. 11ZMJV-0010, an application by Timothy McNeely (the "Applicant"), lessee, with permission from LGR Properties, owner of the property legally described in Exhibit A, attached hereto and made a part hereof, commonly known as 1608 Emerson Street (the "Subject Property") and located in the B2 Business and oWE West Evanston Overlay Zoning Districts, for a Special Use Permit to establish, pursuant to Subsections 6-9-3-3 and 6-15-16-4 of Title 6 of the Evanston City Code, 1979, as amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Shrimp Max," 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 a Type 2 Restaurant 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 March 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 24-0-11 WHEREAS, at its meeting of March 14, 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: a part hereof. SECTION 1: That the foregoing recitals are found as fact and made SECTION 2: That the City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 11 ZMJV-0010. SECTION 3: That, 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 testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250') of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, "litter" shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 41 -2- 24-0-11 C. Litter Pick -Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City's judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected -no less than-three-(3) times -per -week- includin-g-collections -on-Sunday as necessary, in the City's judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight -fitting lids, and shall be placed on Code -compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by the terms of this ordinance except between 10:00 a.m. and 10:00 p.m. on any day. SECTION 4: That, 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: That, 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: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: That 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 0 invalid application of this ordinance is severable. -3- 24-0-11 SECTION 8: That this ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. • Introduced �-1yQ�,k_I_� f ,_2011— Approved:._ _ _ _ . Adopted: \�f A"J-, 1�, 2011 41 12011 Eliz eth B. Tisdahl, Mayor Attest: Approved as to form: :!Rodney Greene, City Clerk W. Grant Fa ar, City Attorney • 0 -4- 24-0-11 • EXHIBIT A • • LEGAL DESCRIPTION LOT 2 IN H.D. STONE'S SUBDIVISION IN THE NORTHEAST '/a OF THE SOUTHWEST '/a OF THE NORTHEAST '/a OF SECTION 13, TOWNSH►P 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 18, 1966 AS DOCUMENT NUMBER 19798890, IN COOK COUNTY, ILLINOIS. PIN: 10-13-216-025-0000 COMMONLY KNOWN AS: 1608 Emerson Street, Evanston, Illinois. Q•-'