HomeMy WebLinkAboutORDINANCES-2010-005-O-10i
1/13/2010
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AN ORDINANCE
Granting Major Variations to Allow
Front -Yard Parking at 2433 Cowper Avenue
in the R1 Single -Family Residential District
WHEREAS, Carter Klein (the "Applicant"), owner of the property
commonly known as 2433 Cowper Avenue (the "Subject Property"), located
within the R1 General Residential District and legally described in Exhibit A,
attached hereto and. incorporated, herein by reference, submitted an application
seeking approval of Major Variations pursuant to Subections 6-4-6-3 (B)18, 6-8-
2-8, 6-16-2-1, and 6-16-2-7 of Title 6 of the Evanston City Code of 1979, as
amended ("the Zoning Ordinance"); and
WHEREAS, on December 1, 2009, the Zoning Board of Appeals
("ZBA") held a public hearing, pursuant to proper notice, in case no. 09 MJV-
0088, to consider the application, received testimony, made a verbatim transcript
and "written 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 City Council denial thereof; and
WHEREAS, at its meeting of January 11, 2009, the Planning and
Development Committee of the City Council (the "P&D Committee") considered
the ZBA's findings and rejected the ZBA's recommendation and recommended
• City Council approval of the requested Major Variations; and
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WHEREAS, at its meeting of January 25, 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 Variations on the Subject Property applied for in case no. 09 MJV-0088.
SECTION 3: That the Major Variations approved hereby are:
A. To permit open off-street parking in the Subject Property's front yard,
which abuts a street. Subsections 6-8-2-8 (A)1 and 6-16-2-1 (C)1 of the
Zoning Ordinance prohibit such parking;
B. To permit one (1) open off-street parking space approximately one
hundred eight feet (108') from the rear lot line of the Subject Property.
Subsection 6-4-6-3 (B)18 of the Zoning Ordinance requires open off-street
parking to be within thirty feet (30') of the rear lot line;
C. ' To permit accessory parking within one and two -tenths feet (12) of the
Subject Property's east lot liner Subsections 6-8-2-8 (C)3 of the Zoning
Ordinance requires a minimum setback of five feet (5) for accessory uses;
D. To permit ninety degree (901) parking with a depth of seventeen and one-
half feet (17.5') on the Subject Property. Section 6-16-2-7 of the Zoning
Ordinance requires such spaces to be at least eighteen feet (18') deep.
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 Variations 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 Variations:
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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;
(B) Recordation: The Applicant shall record a certified copy of this ordinance,
at his cost, including all Exhibits attached hereto, with the Cook County
Recorder of Deeds;
(C) Time Limitation: The Major Variations granted by the terms of this
ordinance shall relate to the Applicant and not the Subject Property. The
Applicant shall benefit from said Major Variations only for (i) as long as the
Applicant resides at the Subject Property or (ii) the duration of the life of
the Applicant's mother, whichever ends first. Thereafter, said Major
Variations shall- automatically terminate, without further action by the City,
and be rendered null, void; and of no further force or effect;
(D) Removal: The Applicant shall remove the open off-street parking
authorized by the Major Variations granted by the terms of this ordinance
before either (i) permanently vacating the Subject Property or (ii) the date
sixty (60) days after the termination of said Major Variations pursuant to
16, Section 4(C) hereof, whichever occurs first.
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.
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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:
Adopted:
, 2010 Approved:
, 2010 , 2010
E beth B. Tisdahl, Mayor
Attest: Approved as to form:
Rodney Ge, City Glerk W. Granfarrar, City Attorney
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 10 AND 11 IN HASTING'S SUBDIVISION OF THE WEST HALF OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 10-11-302-013-0000
COMMONLY KNOWN As: 2433 Cowper.Avenue, Evanston, Illinois.
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