HomeMy WebLinkAboutORDINANCES-2010-062-O-10•
8/9/2010
7/26/2010
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AN ORDINANCE
Granting a Special Use for a Type 2 Restaurant
Located at 616 Davis Street in the
D3 Downtown Retail Core Development District
("Tiny Dog Bakery/Cafe")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on July 20,
2010, pursuant to proper notice, to consider case no. 10ZMJV-0048, an
application by Rob Mockard, Jr. (the "Applicant"), lessee of the property legally
described in Exhibit A, attached hereto and made a part hereof, commonly known
as 616 Davis Street (the "Subject Property") and located in the D2 Downtown Core
Development District, with permission from Giordano Investment Limited
• Partnership, owner of the Subject Property, for a Special Use to establish,
pursuant to Subsection 6-11-3-4 of Title 6 of the Evanston City Code, 1979, as
amended ("the Zoning Ordinance"), a Type 2 Restaurant, "Tiny Dog Bakery/Cafe",
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 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 August 9, 2010, 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 August 9, 2010, 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:
SECTION 1: That the foregoing recitals are found as fact and
made a part hereof.
SECTION 2: That the City Council hereby approves the Special
Use for a Type 2 Restaurant on the Subject Property as applied for in case
10ZMJV-0048.
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.
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• 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 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 the
hours of 6:00 a.m. and 12:00 midnight 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 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.
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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: q , 2010
Adopted: ,( q , 201 C
Attest:
Approved:
19� I 1 , 2010
Eli Ob th B. Tisdahl, Mayor
Approved as to form:
RodnO Greene, City Cl6rk &M
W. Grant Farrar, City Attorney
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IZM
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• EXHIBIT A
•
•
LEGAL DESCRIPTION
LOTS 8 AND 9 IN F. A. COSGROVE'S RESUBDIVISION OF LOTS 1 AND 2 IN BLOCK 27 IN
VILLAGE OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, RECORDED .JANUARY 9,
1873, As DOCUMENT NUMBER 113449.
PIN: 11-18-312-005-0000
COMMONLY KNOWN AS: 616 Davis Street, Evanston, Illinois.
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