HomeMy WebLinkAboutORDINANCES-2005-040-O-05•
4/12/2005
3/7/2005
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AN ORDINANCE
Granting a Special Use for a
Convenience Store at 555 Howard Street
In a B3 Business District
WHEREAS, the Zoning Board Appeals ("ZBA") met on February 15, 2005,
pursuant to proper notice, in case number ZBA 05-07-SU(R) to consider an application
for a special use to operate a Convenience Store pursuant to Section 6-9-4-3 of the
Zoning Ordinance filed by John E. Peterson, Jr., owner of the property at 555 Howard
Street ("subject property") in a B3 Business District; and
WHEREAS, the ZBA, after hearing testimony and receiving other
is evidence, made a verbatim record and written findings that the application for the
Convenience Store met the standards for special uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the ZBA's record, findings, and recommendation at its March
14, 2005 meeting and recommended City Council approval thereof; and
WHEREAS, the City Council considered and adopted the respective
records, findings and recommendations of the ZBA and the Planning and Development
Committee, with modifications, at its March 14, 2005 and March 28, 2005 meetings,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
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THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
40-0-05
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 Planning and Development
Committee, as modified, and hereby approves the special use applied for in case
number ZBA 05-07-SU(R) on property legally described in Exhibit A, attached hereto
and made a part hereof.
SECTION 3: That, pursuant to Section 6-3-5-12 of the Zoning Ordinance,
which provides that the City Council may impose conditions on the grant of a special
use, the following conditions are hereby imposed, and when necessary to effectuate
said conditions and limitations, "applicant" shall be read as "owner" or "operator" or
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"applicant's successors in interest".
A. Development and use of the subject property shall be in substantial compliance •
with all applicable legislation, with the testimony and representations of the applicant to
the ZBA, the Planning and Development Committee, and the City Council, and with the
approved plans and documents on file in this case. The development and use shall
further be in substantial compliance with the interior site plan submitted by the applicant
and attached hereto as Exhibit B, and shall limit the floor area occupied by shelves,
racks, or other display elements for non -automotive products offered for retail sales to
no more than sixty percent (60%) of the twenty-four foot by eighteen foot (24' x 18)
area therein depicted.
B. 1) The applicant shall adhere to a litter collection plan requiring the policing
of an area located within a two hundred fifty foot (250') radius of the building in which
the use is located. This area shall be policed once every three hours during the hours
the use is in operation and shall be kept free of all litter, including, but not limited to,
food, beverages, napkins, straws, containers, bags, utensils, plates, cups, bottles, cans,
and all other litter of any type emanating from any source. This Ordinance shall prevail
over any inconsistent or contrary provisions in the litter collection plan.
2) For the purpose of this Ordinance, "litter" shall include, but is not limited
to: putrescible animal and vegetable waste resulting from the handling, preparation, •
cooking, and consumption of food; other putrescible waste, including animal waste,
dead animals, yard clippings and leaves; nonputrescible solid waste, including rubbish,
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ashes, street cleanings, abandoned automobiles, solid business, commercial, and
is industrial wastes, paper, wrappings, cigarettes, cardboard, tin cans, glass, bedding,
crockery and similar materials; and all other waste materials which, if thrown or
deposited as herein prohibited, may create a danger to public health, safety, or welfare.
C. As represented by the Applicant to the ZBA, the special use approved hereby:
a) shall not operate prior to 7:00 a.m. nor later than 7:00 p.m. on weekdays, shall not
operate prior to 7:00 a.m. nor later than 4:00 p.m. on Saturdays, and shall not operate
on Sundays; and b) shall sell only prepackaged food and/or beverages, all for
consumption off the subject property. Foods and beverages which either require
cooking or heating, or which are customarily cooked or heated prior to consumption,
shall not be sold.
D. The use approved hereby shall be allowed only as an accessory use to an
automobile service station as the principal use devoting no less than fifty percent (50%)
of the building on the subject property for automotive service bays.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: 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: 1 , 2005
Adopted: / Z , 2005
App oved: n1 _ �I , 2005
L =aine�HM`oftton, Mayor
Attest:
4 I/I ,l�iS/�.P•4
Mary P. r s, ity Clerk
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Approve J a to form:
Corpk/ation Counsel
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EXHIBIT A
LOTS 3, 4, 5, 6 AND 7 IN BLOCK 3 OF
ADDITION, A SUBDIVISION OF THE SOUTH
THAT PART OF THE NORTHEAST 1/4 OF
NORTH, RANGE 14, EAST OF THE THIRD
WEST OF THE RIGHT-OF-WAY OF THE
RAILROAD, IN COOK COUNTY, ILLINOIS
NILES HOWARD TERMINAL
6.25 CHAINS (412.5 FEET) OF
SECTION 30, TOWNSHIP 41
PRINCIPAL MERIDIAN, LYING
CHICAGO NORTHWESTERN
(PERMANENT INDEX NOS. 11-30-211-008-0000, 11-30-009-0000, 11-30-211-
010-0000, 11-30 211-011-0000, AND 11-30-211-012-0000)
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