HomeMy WebLinkAboutORDINANCES-2005-049-O-05•
3/21 /05
49-0-05
AN ORDINANCE
Granting a Special Use and Major Variation
for an Automobile Service Station at
2450 Main Street in a C1 Commercial District
WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 1, 2005 and
pursuant to proper notice in case no. ZBA 05-09-SU &V (R) to consider an application
by Janson Ting, as agent for Sam's Club, with written permission from Wal-Mart Stores,
Inc., property owner of the subject property at 2450 Main Street in a C1 Commercial
District, for a special use and major variation for an automobile service station pursuant
to Section 6-10-2-3 and to Section 6-3-8-3(D) respectively, of the Zoning Ordinance;
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WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application met the standards for
special uses in Section 6-3-5 and for major variations in Section 6-3-8-12 (E) of the
Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, the Planning and Development Committee of the City Council
considered the ZBA's findings and recommendation at its March 28, 2005 meeting and
recommended City Council approval thereof, and
WHEREAS, the City Council considered and adopted the respective records and
recommendations of the ZBA and the Planning and Development Committee at its
0 March 28, 2005 and April 12, 2005 meetings, and
3/18/05
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are found as fact and made a part hereof.
SECTION 2: That the City Council hereby adopts the ZBA's record, findings,
and recommendation, and the Planning and Development Committee's record, findings,
and recommendation, and hereby approves the special use and major variation applied
for in case no. ZBA 05-09-SU & V (R), on property legally described in Exhibit A
attached hereto and made a part hereof, commonly known as 2450 Main Street,
Evanston, Illinois.
SECTION 3: That, pursuant to Section 6-3-5-12 and Section 6-3-8-14 of the
Zoning Ordinance, which provide, respectively, that the City Council may impose •
conditions on the grant of a special use and the grant of a major variation, the following
conditions are hereby imposed. When necessary to effectuate said conditions,
"applicant" shall be read as "owner" or "operator".
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, Planning and
Development Committee, and City Council, and with the approved
plans and documents on file in this case.
B. The maximum height of the canopy shall be seventeen feet and five
inches (17'5") at its shortest point.
C. The proposed use shall open no earlier than one hour before and
close no later than one hour after the Sam's Club hours of
operation.
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D. Any lighting emanating from or within the canopy shall be turned off
when the use is not open for business.
E. Prior to the issuance of a Certificate of Occupancy, the applicant
shall submit a landscape maintenance plan to the Director of Parks,
Recreation and Forestry for review and approval. Compliance with
the approved plan is required.
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:
2 S`
Adopted: ( Z
ATTEST:
,l,l�l
.it lerk
Approved a$ jo fo
orporation Counsel
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, 2005
, 2005
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Approved:
12005
Mayor
EXHIBIT A
PARCEL. lc. LOT 3.(EXCEPT THE EAST 15.50 FEET OF THE NORTH'78.27.FEET. TH$itEOF(•.IW'
FINAL"PLAT. OF MAIN STREET 'COMMONS SUBDIVISION, BEING A SU$DIV:ISION 'IN THE
SOUTHWEST _1/4. DF SECTION.24,.TOWNSHIP.41 NORTH, RANGE 13, EAST OF THE TH:Rrl
PRINCIPAL MERIDIAN, ACCORDING TO ';HE PLAT THEREOF RECORDED.MARCH 15, _1993 A.S.
DOCUMENT 93193389;,IN.'COOK COUNTY, ILLINOI•S.,
PARCEL 2: THAT.PART OF. LDT 1,LYING WESTERLY OF THE WESTERLY LINE OF LOT 1 IN
2:ERA 5UBDIvISION N0, 2, RECORDED DECEMBER 2, 1981.'AS DOCUMENT 260743.99., IN FINAL .
PLAT OF. MAIN STREET COK40NS SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHWEST 1/4
OF SECTION 24,.TOWNSH:P 41 NORTH; RANGE 13., EAST OF THE THIRD PRINCIPAL .MARIDIAN;
ACCORDING TO THE PLAT -THEREOF RECORDED.MARCH 15, 1993 AS DOCUMENT 93.193389,, IN
COOK COUNTY,. ILL1NOI$. +
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