HomeMy WebLinkAboutORDINANCES-2007-083-O-07•
8/28/2007
83-0-07
AN ORDINANCE
Granting Major Zoning Variations to Allow Establishment of
Two Off -Street Parking Spaces for Condominiums Located at
125-33 Clyde Avenue in the R5 General Residential District
WHEREAS, Joseph Sislow, authorized agent of the Clyde Court
Condominium Association (the "Applicant"), owner of 125-33 Clyde Avenue,
legally described in Exhibit A, attached hereto and made apart hereof (the
"Subject Property"), submitted an application, case no. ZBA 07-21-V (R) to seek
approval for major variations from Sections 6-8-7-7 and 6-16-2-7 of the Zoning
• Ordinance (the "Ordinance") relating, respectively, to distance of parking spaces
from the rear lot line and parking space depth, to establish two (2) additional
parking spaces behind the Subject Property; and
WHEREAS, the ZBA held a public hearing on August 9, 2007,
pursuant to proper notice, to consider the revised application, took testimony and
received other evidence, and made a verbatim record and written findings
concerning the application as it related to the standards for major variations set
forth in Section 6-3-8-12(E) of the Ordinance, and recommended the City Council
grant the requested major variations; and
WHEREAS, the Planning and Development Committee of the City
Council considered the ZBA's record and findings at its September 10, 2007
• meeting,and recommended the City Council q y grant the requested major
variations; and
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WHEREAS, the City Council considered and adopted the records, •
findings, and recommendations of the Planning and Development Committee at
its September 10, 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.4
SECTION 2: That the City Council "hereby approves the major
variations applied for in case no. ZBA 07-21'=V (R), on the Subject -Property.
SECTION 3: That the major variations.approved hereby'are:
A. To Section 6-8-7-7 (C) 4<''to;. allow the' -proposed parking spaces to be
located approximately zeroJeet�h(0') from "ihe, rear lot line, whereas the
Ordinance requires a minimum setback of three feet (3') for accessory
parking; and 4 .y.;;<_ •
B. To Section..:;6.-_16-2-7`=:;to, allow' the proposed zero -degree (00) parking
spaces to:,,,' 'e" eighteen`6et (18')�,,deep, whereas the Ordinance requires
such parking spaces;be*least twenty-one feet (21') deep; and
ON-K4�' That, as'°'`permitted by Section 6-3-8-14 of the
Ordinance, the City:Y Councils, oses the following condition upon the major
variatiohs``granted by thi&.ordinance, 83-0-07:
A. The Applicant shall develop and use the Subject Property in substantial
compliance...witfi` all applicable legislation, with the testimony and
representations of the Applicant, and with the approved plans and
documents on file in this case.
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.
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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
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 Pd , 2007 Approved:
t/
Adopted: 1D , 2007 , 2007
orraine H. Morton, Mayor
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Attest: Appr )4ed as 1to
Mary P. i ,dity Clerk Corporation Counsel
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
UNITS 125-1 N, 125-2N, 125-3N, 125-1 S, 125-2S, 125-3S, 125-GARDEN, 127-1 E,
127-2E, 127-3E, 127-1W, 127-2W, 127-3W, 131-1E, 131-2E, 131-3E, 131-1W,
131-2W, 131-3W, 133-1 N, 133-2N, 133-3N, 133-1S, 133-2S, AND 133-3S IN THE
CLYDE COURT CONDOMINIUMS AS DELINEATEED ON A SURVEY OF THE FOLLOWING
DESCRIBED REAL ESTATE:
LOTS 12 TO 15, INCLUSIVE, IN BLOCK 3 IN NILES HOWARD TERMINAL ADDITION, BEING A
SUBDIVISION OF THE SOUTH 6.25 CHAINS OF THAT PART OF THE NORTHEAST'/a OF
SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF TH E THIRD PRINCIPAL
MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN
RAILROAD; WHICH SURVEY IS ATTACHED AS EXHIBIT "A" TO THE DECLARATION OF
CONDOMINIUM RECORDED AS DOCUMENT NUMBER 0010634457 TOGETHER WITH ITS
UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS, ALL IN COOK COUNTY,
ILLINOIS.
PARCEL 2:
THE EXCLUSIVE RIGHT TO THE USE OF L-1, L-2, L-3, LA L-5, L-6, L-7, L-8, L-9, L-10,
L-11, L-12, L-13, L-14, L-15, L-16, L-17, L-18, L-19, L-20, L-21, L-22, L-23, L-24,
AND L-25, LIMITED COMMON ELEMENTS AS DESCRIBED ON THE SURVEY ATTACHED TO
THE DECLARATION AFORESAID RECORDED AS DOCUMENT NUMBER 0010634457.
COMMONLY KNOWN As: 125-33 Clyde Avenue, Evanston, Illinois.
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