HomeMy WebLinkAboutORDINANCES-2010-068-O-109/13/2010
8/30/2010
68-0-10
AN ORDINANCE
Granting a Major Variation Relating to Building Height
to Permit Construction of a Multi -Family Residence
Located at 910 Hinman Avenue
in the R5 General Residential District
WHEREAS, Esskay III Series, LLC (the "Applicant"), owner of the property
commonly known as 910 Hinman Avenue (the "Subject Property"), located within the R5
General Residential District ("R5 District") and legally described in Exhibit A, attached
hereto and incorporated herein by reference, submitted an application seeking approval
of a Major Variation pursuant to Subsection 6-8-7-8 of Title 6 of the Evanston City Code
. of 1979, as amended ("the Zoning Ordinance"); and
WHEREAS, the Applicant requested a Major Variation to permit a
maximum mean building height of fifty-four feet, eight inches (54'8"), while Subsection
6-8-7-8 of the Zoning Ordinance establishes the maximum mean building height for the
R5 District as fifty feet (50');
WHEREAS, on August 3, 2010, and August 17, 2010, the Zoning Board of
Appeals ("ZBA") held public hearings, pursuant to proper notice, in case no. 10 ZMJV-
0051, to consider the application, received testimony, and made records and findings
that the application did not meet the standards for Major Variations set forth in Section
6-3-8-12 (E) of the Zoning Ordinance, and recommended denial thereof, but did
recommend City Council approval of a Major Variation to permit a maximum mean
• building height of fifty-two feet (52'); and
WHEREAS, at its meeting of September 13, 2010, the Planning and
Development Committee of the City Council (the "P&D Committee") considered the
ZBA's findings, rejected the ZBA's recommendation and recommended City Council
approval of the Major Variation as requested by the Applicant; and
WHEREAS, at its meeting of September 27, 2010, the City Council
considered and adopted the record and recommendation of the 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
incorporated herein by reference.
SECTION 2: That the City Council hereby adopts the P&D Committee's
records, findings, and recommendations, and hereby approves the Major Variation on
the Subject Property in case no. 10 ZMJV-0051 as requested by the Applicant. •
SECTION 3: That the Major Variation approved hereby is to permit a
maximum mean building height of fifty-four feet, eight inches (54'8"). Subsection 6-8-7-8
of the Zoning Ordinance establishes the maximum mean building height for the R5
District as fifty feet (50'); and
SECTION 4: That, as permitted by Section 6-3-8-14 of the Zoning
Ordinance, the City Council hereby imposes the following conditions and limitations on the
Major Variation granted by the terms of this ordinance, violation of any of which shall
constitute grounds for revocation, pursuant to Subsection 6-3-10-6 of the Zoning
Ordinance, of said Major Variation:
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• (A) Compliance with Applicable Requirements: The Applicant shall develop and
use the Subject Property in substantial compliance with all applicable legislation,
with the testimony and representations of the Applicant to the ZBA, the P&D
Committee, and the City Council, and with the approved plans and documents on
file in this case; and
(B) Recordation: Before the City may issue any building permits for the Subject
Property, the Applicant shall, at its cost, record a certified copy of this ordinance,
including all Exhibits attached hereto, with the Cook County Recorder of Deeds.
SECTION 5: That, except as otherwise provided for in this ordinance, all
applicable regulations of the Zoning Ordinance and the entire City Code shall apply to
the Subject Property and remain in full force and effect with respect to the use and
development of the same.
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.
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.
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68-0-10
Introduced: ,& fAm bQa' /3 , 2010 Approved:
Adopted: 7 , 2010 ,�P.,�C,-r11 .�22,� as , 2010
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Attest:
odh y Gre e,�y Clerk
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ElizafAth B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, City Attorney
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• EXHIBIT A
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•
LEGAL DESCRIPTION
LOT 22 (EXCEPT THAT PART TAKEN FOR WIDENING HINMAN AVENUE) IN BLOCK 2 IN GIBBS,
LADD AND GEORGES ADDITION TO EVANSTON SAID ADDITION BEING A SUBDIVISION OF THAT
PART LYING EAST OF GRAVEL ROAD OF THE SOUTH 44'/z ACRES OF A TRACT OF LAND
CONSISTING OF THE SOUTH'/2 OF THE NORTHEAST FRACTIONAL % OF SECTION 19, THE SOUTH
Y2 OF THE EAST 32 RODS IN WIDTH OF THE EAST 1/2 OF THE NORTHWEST % OF SECTION 19,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS.
PIN: 11-19-220-018-0000
COMMONLY KNOWN As: 910 Hinman Avenue, Evanston, Illinois.
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