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HomeMy WebLinkAboutORDINANCES-2010-044-O-106/30/2010 6/14/2010 6/2/2010 • 44-0-10 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 1527 Chicago Avenue in the 04 Downtown Transition Zoning District ("Giordano's") WHEREAS, the Zoning Board of Appeals ("ZBA") met on June 1, 2010, pursuant to proper notice, to consider case no. 10ZMNV-0030, an application by Ted Mavrakis (the "Applicant"), owner of the property located,at, 1527 Chicago Avenue in the D4 Downtown Transition District (the "Subject Property"), for a Special Use to establish a Type 2 Restaurant, "Giordano's", on the Subject Property, pursuant to Subsection 6-11-5-3 of Title 6 of the Evanston City Code, 1979, as amended, ("the Zoning Ordinance"); 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 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 June 14, 2010, the Planning and Development Committee of the City Council ("P&D Committee") considered, amended, and adopted the ZBA's record and findings as amended, and recommended City Council approval thereof; and WHEREAS, at its meeting of June 28, 2010, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA as . amended by the P&D Committee. WGF 44-0-10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: a part hereof. SECTION 1: The foregoing recitals are found as fact and made SECTION 2: That the City Council hereby approves the Special Use for a Type 2 Restaurant on the Subject Property, legally described in Exhibit A, attached hereto and made a part hereof, applied for in case 10ZMNV-0030. 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, violation of any of which shall constitute grounds for revocation of said Special Use 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. 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, including collections on Sundays -2- 44-0-10 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. Outdoor Service Hours: The Applicant shall not permit outdoor service: after 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday after 11:00 p.m. on any Friday or Saturday. 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: That the Applicant shall record a certified copy of this ordinance, at its cost, including all Exhibits attached hereto, with the Cook County • Recorder of Deeds, before the City may issue any permits or licenses related to the construction or operation of the Special Use hereby authorized. 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: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: That this Ordinance 44-0-10 shall be in full force and effect • from and after its passage, approval, and publication in the manner provided by law. -3- 44-0-10 Introduced: 2010 Approved: • Adopted: �� , 2010 �j, , 2010 Eli a eth B. Tisdahl, Mayor Alney Approved as to form: ne, City Clerk W. Grant Farrar, City Attorney\ • • -4- 44-0-10 • EXHIBIT A LEGAL DESCRIPTION SUBLOTS 6 AND 7 IN THE SUBDIVISION OF LOTS 11 AND 12 IN BLOCK 26 IN EVANSTON IN THE SOUTHEAST 1/a SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-408-018-0000 COMMONLY KNOWN AS: 1527 Chicago Avenue, Evanston, Illinois. -5- 0 • •