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Home My WebLink AboutORDINANCES-2007-073-O-07• 7/10/2007 6/27/2007 73-0-07 AN ORDINANCE Granting Major Zoning Variations to Allow Establishment of Off -Street Parking Spaces for an Apartment Building Located at 2526 Jackson Avenue in the R5 General Residential District WHEREAS, David Weislogel, on behalf of 2526 Jackson, LLC (the "Applicant"), owner of 2526 Jackson Avenue, legally described in Exhibit A, attached hereto and made apart hereof (the "Subject Property"), submittedan application, case no. ZBA 07-11-V(R) to seek approval for major variations from Sections 6-4-6-3 (B) 18, 6-8-7-6, 6-8-7-7, 6-8-7-9, and 6-16-2-4 of the Zoning • Ordinance (the "Ordinance") relating, respectively, to distance of parking spaces from the rear lot line, building lot coverage, yard requirements, impervious surface area, and size of parking spaces, to establish twelve (12) parking spaces behind the Subject Property; and WHEREAS, prior to the Zoning Board of Appeals ("ZBA") meeting of May 15, 2007, the Applicant revised his application by decreasing the requested number of parking spaces to six (6), thereby eliminating the need for variations from Sections 6-4-6-3 (B) 18 and 6-8-7-9 of the Ordinance; and WHEREAS, the ZBA held a public hearing on May 15, 2007, pursuant to proper notice, to consider the revised application, took testimony and received other evidence, and made a verbatim record and written findings 0 concerning the application as it related to the standards for major variations set 73-0-07 forth in Section 6-3-8-12(E) of the Ordinance, and made no recommendation to • the City Council regarding approval thereof; and WHEREAS, the Planning and Development Committee of the City Council considered the ZBA's record and findings at its June 25, 2007 meeting, and recommended the City Council grant the requested major variations; and WHEREAS, the City Council considered and adopted the records, findings, and recommendations of the Planning and Development Committee at its July 9, 2007 meeting, 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 major variations applied for in case no. ZBA 07-11-V(R), on the Subject Property. SECTION 3: That the major variations approved hereby are: A. To Section 6-8-7-6 to allow a maximum lot coverage of fifty-seven and five tenths percent (57.5%) instead of the forty-five percent (45%) otherwise allowed; and B. To Section 6-8-7-7 (A) 2 to allow the proposed parking spaces to be located approximately zero feet (0.0') from the north and south property lines, whereas the Ordinance requires a minimum setback of three feet (3) for accessory parking; and C. To Section 6-16-2-4 to allow the proposed parking spaces to be eight and thirty-four hundredths feet wide (8.34'), whereas the Ordinance requires parking spaces be at least eight and five tenths feet (8.5') wide; and • —2— 73-0-07 • SECTION 4: That, as permitted by Section 6-3-8-14 of the Ordinance, the City Council imposes the following condition upon the major variations granted by this ordinance, 73-0-07: A. The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant, and with the approved plans and documents on file in this case. B. Without further action by the City, the Applicant shall be permitted to remove refuse from the east side of the Subject Property, along Jackson Avenue, by means of private contractor, who shall be paid by the Applicant. Said private contractor shall take the refuse containers from the rear of the building on the Subject Property and return them thereto immediately after collection is complete. SECTION 5: Except as otherwise provided for in this Ordinance, all applicable regulations of the Zoning Ordinance 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, when necessary to effectuate the terms and conditions and purposes of this Ordinance, "Applicant" shall read as "Applicant's agents,, assigns and successors in interest." SECTION 7: That if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications thereof. SECTION 8: That all ordinances or parts of ordinances in conflict is herewith are hereby repealed. —3— 73-0-07 -SECTION 9e 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: Attest: Mary P�VI 'r is, `ty Clerk , 2007 , 2007 e A �pr ved as to form: Cor ration Counsel) p , 2007 • • • —4— 73-0-07 • EXHIBIT A • LEGAL DESCRIPTION LOT 3 IN CRAVEN'S SUBDIVISION OF LOTS 5 TO 8 IN BLOCK 5 IN NORTH EVANSTON IN THE NORTHEAST FRACTIONAL QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN As: 2526 Jackson Avenue, Evanston, Illinois. —5—