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HomeMy WebLinkAboutORDINANCES-2005-053-O-05d 5/10/2005 53-0-05 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 922 Noyes Street in a 131 Business Zoning District WHEREAS, the Zoning Board Appeals ("ZBA") met on April 25, 2005 pursuant to proper notice in case number ZBA 05-13-SU(R) to consider an application for a special use to operate a Type 2 Restaurant pursuant to Section 6-9-2-3 of the Zoning Ordinance filed by Darko Dejanovic, lessee, with written permission from Garrett -Evangelical Seminary, owner of the subject property at 922 Noyes Street, located in a B1 Business Zoning District; and • WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a verbatim record and written findings that the application for the Type 2 Restaurant met the standards for special uses in Section 6-3-5 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 April 25, 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 at its April 25, 2005 and May 9, 2005 meetings, with a modification at the latter meeting, 53-0-05 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: part hereof. SECTION 1: The foregoing recitals are found as fact and made a SECTION 2: That the City Council hereby adopts the respective records, findings, and recommendations of the ZBA and the Planning and Development Committee with an added condition regarding payment of leasehold taxes, and hereby approves the special use applied for in case number ZBA 05-13-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 "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. (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 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, —2— 53-0-05 preparation, cooking, and consumption of food; other putrescible waste, including • animal waste, dead animals, yard clippings and leaves; nonputrescible solid waste, including rubbish, ashes, street cleanings, abandoned automobiles, solid business, commercial, and 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) 1) Exterior litter receptacles shall be provided and maintained in sufficient number and type, and contain, with lids tightly shut, all litter emanating from operation of the use, and all litter collected pursuant to the litter collection plan. Litter collections must be monitored to assure that they are sufficient in number and scope to achieve and maintain compliance with applicable City Codes. Collections shall be a minimum of two (2) times a week, including collections on Sundays if the City determines that such are necessary to achieve and maintain said City Code compliance. All litter receptacles shall be maintained in a clean condition with tight -fitting lids, and shall be placed on Code -compliant surfaces. Adequate space shall be provided and maintained at the rear of and on the subject property to accommodate the required litter receptacles and collections. 2) Within seven (7) days of written notice from the City to do so, the number of litter receptacles and/or the number of collections from each, shall be • increased or modified in accordance with the City's directive. (D) The applicant shall cause implementation of, and adherence to, an employee parking plan, requiring all personnel who drive to work to park off- street at a lawful location. A copy of the plan shall be prominently posted in the Type 2 Restaurant approved hereby and given at the time of hire to the new personnel. (E) Leasehold taxes shall be paid in full when first due and owing. Violation of this condition shall cause revocation of the special use permit granted hereby. 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. • —3— 53-0-05 Introduced: � �S Adopted: 1 Attest: Mary P. rr ty Clerk Appro ed as to form 4>�Corporation Counsel 0 , 2005 , 2005 Approved: Z_ , 2005 L rraine H. Morton, Mayor's • • -4- EXHIBIT A LEGAL DESCRIPTION That part of the North half of the South half of the Southwest Quarter East of the East line of Maple Avenue and West of the West line of right of way of Chicago, Milwaukee and St. Paul Railroad, in Assessor's Division of Section 7, Township 41, North, Range 14, East of the Third Principal Meridian, in the City of Evanston, bounded and described as follows: Beginning at a point 293.44 feet North of the South line of the North half of the South half of the Southwest Quarter of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian, on the East line of Maple Avenue going South 127.44 feet; thence East on a line parallel with the South lie of the North half of the South half of the Southwest quarter of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian 175 feet; thence North on a line parallel to East line of Maple Avenue, 128.09 feet, more or less, to South line of Noyes Street, thence Westerly 175 feet to place of beginning, in Cook County, Illinois. • 0