HomeMy WebLinkAboutORDINANCES-2009-038-O-09•
5/27/2009
38-0-09
AN ORDINANCE
Granting a Special Use for a
Type 2 Restaurant at 1133 Emerson Street
in the C2 Commercial Zoning District
("Subway")
WHEREAS, the Zoning Board of Appeals ("ZBA") met on April 28,
2009, pursuant to proper notice, in case no. 09ZMJV-0018 to consider an
application by Moaiz Verani, lessee (the "Applicant"), with permission from
Emerson Place Partnership Il, owner of the property located at 1133 Emerson
Street (the "Subject Property"), in the C2 Commercial District, for a Special Use
• to establish a Type 2 Restaurant, "Subway", on the Subject Property, pursuant
to Subsection 6-10-4-3 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 verbatim 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 June 8, 2009 meeting, the Planning and
Development Committee of the City Council ("P&D Committee") considered and
adopted the ZBA's record, findings, and recommendations and recommended
City Council approval thereof; and
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WHEREAS, at its June .22, 2009 meeting, the City Council
considered and adopted the respective records, findings, and recommendations
of the ZBA and the 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: The foregoing recitals are found as fact and made
SECTION 2: That the City Council hereby adopts the respective
records, findings, and recommendations of the ZBA and the P&D Committee,
and hereby approves the Special Use for a Type 2 Restaurant, applied for in
case no. 09ZMJV-0018 on the Subject Property, legally described in Exhibit A,
attached hereto and incorporated herein by reference.
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, 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. Delivery Man: The Applicant shall require all trucks that make deliveries
to the Special Use to park in the alley directly north of the Subject Property
and not in the parking lot directly south of the Subject Property.
C. Cooking Appliances: The Applicant shall not use in or on the Subject
Property any cooking appliances that ventilate to the building's exterior. •
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D. Litter Collection Plan: The Applicant shall implement and adhere to a
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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.
E. 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.
F. Fine for Non -Compliance: Should the City determine that the Applicant
has failed to comply with any of the terms of this ordinance, the City may
deliver written notice of non-compliance to the Applicant. If the Applicant
does not cure the non-compliance identified in said notice within five (5)
days, the Applicant shall owe the City a fine of two hundred fifty and
no/100 dollars ($250.00) per day that the Applicant fails to comply. If, in
the City's determination, the Applicant is diligently pursuing the cure of
such non-compliance and that such cure cannot be completed within five
(5) days, the City may grant the Applicant additional time that the City
determines to be reasonably necessary. The Applicant shall pay any such
fine within thirty (30) days of written notice from the City to do so.
SECTION 5: 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."
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SECTION 6: 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 7: 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 8: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 9: 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: June , 2009 Approved:
Adopted: June 22 2009 June 24 , 2009
Eldabeth S. Tisdahl, Mayor
At Approve to form:
aneyy Gre ne, City Clerk Elke Tober-Pu brim
First Assistant Corporation Counsel
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EXHIBIT A
• LEGAL DESCRIPTION
PARCELI: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS - COMMENCING AT THE
NORTHEAST CORNER OF RIDGE AVENUE AND EMERSON STREET AND
RUNNING THENCE NORTHWELY ALONG THE EASTERLIY LINE OF RIDGE
AVENUE 75 FT., THENCE EAST ON A LINE PARALLEL WITH THE NORTH LINE
OF EMERSON STREET, 163 FT., THENCE SOUTHERLY ON A LINE PARALLEL
WITH THE EASTERLY LINE OF RIDGE AVENUE, 75 FT. TO THE NORTH LINE
OF EMERSON STREET AND THENCE WEST ALONG THE NORTH LINE OF
EMERSON STREET, 163 FT. TO THE POINT OF BEGINNING. ALSO
KNOWN AS: LOT 3 AND THE SOUTHERLY 25 FT. OF LOT 4 IN J.J.
FOSTER'S SUBDIVISION IN THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS - COMMENCING ON THE
EASTERLY LINE OF RIDGE AVENUE, 75 FT. NORTH OF THE NORTH LINE OF
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EMERSON STREET (MEASURED ALONG SAID EASTERLY LINE OF RIDGE
AVENUE), RUNNING THENCE NORTHERLY ALONG THE EASTERLY LINE OF
RIDGE AVENUE, 101 FT. AND 8 INCHES, THENCE EASTERLY PARALLEL
WITH EMERSON STREET, 163 FT., THENCE SOUTHERLY PARALLEL WITH
RIDGE AVENUE, 101 FT. AND 8 INCHES, THENCE WESTERLY PARALLEL
WITH SAID EMERSON STREET, 183 FT., MORE OR LESS TO THE POINT OF
BEGINNING (EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: THAT PART
OF THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING
ON THE EASTERLIY LINE OF RIDGE AVENUE, CITY OF EVANSTON, 124.87
FT. NORTH OF THE NORTH LINE OF EMERSON STREET, AS MEASURED
ALONG SAID EASTERLY LINE OF RIDGE AVENUE, THENCE NORTHERLY
ALONG THE EASTERLY LINE OF RIDGE AVENUE, 51.80 FT., THENCE
EASTERLY PARALLEL WITH EMERSON STREET, 163 FT., THENCE
SOUTHERLY PARALLEL WITH RIDGE AVENUE, 52.52 FT., THENCE
WESTERLY 163 FT., MORE OR LESS, TO THE PLACE OF BEGINNING) IN
COOK COUNTY, ILLINOIS. ALSO KNOWN AS: LOT 4 (EXCEPT THE
SOUTHERLY 25 FT. THEREOF) AND LOT 5 (EXCEPT THE NORTHERLY 52.5 .
FT. THEREOF) IN J.J. FOSTER'S SUBDIVISION IN THE NORTHWEST
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QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
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PARCEL 3: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD •
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE
NORTH SIDE OF EMERSON STREET, AT A POINT 163 FT. EAST OF RIDGE
AVENUE, THENCE NORTHERLY PARALLEL WITH RIDGE AVENUE, 176 AND
% FT., THENCE EAST PARALLEL WITH SAID EMERSON STREET, 50 FT.,
THENCE SOUTH AT RIGHT ANGLES WITH THE NORTH LINE TO EMERSON
STREET, THENCE WEST ALONG SAID EMERSON STREET, 8 FT., MORE OR
LESS, TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF TAKEN
AND USED FOR ALLEY) IN COOK COUNTY, ILLINOIS. ALSO KNOWN AS:
LOT 2 IN J.J. FOSTER'S SUBDIVISION IN THE NORTHWEST QUARTER OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 11-18-108-047-0000
COMMONLY KNOWN As: 1133 Emerson Street, Evanston, Illinois.
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