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HomeMy WebLinkAboutORDINANCES-2004-022-O-04• 02/18/2004 22-0-04 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 845 Dodge Avenue WHEREAS, the Zoning Board Appeals ("ZBA") met on January 20, 2004 pursuant to proper notice in case no. ZBA 04-03-SU (R) to consider an application for a special use to operate a Type 2 Restaurant pursuant to Section 6-10-2-3 of the Zoning Ordinance from Moaiz A. Verani, with written permission from Sam Fakhouri, property owner of the subject property at 845 Dodge Avenue in a C1 Commercial District; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, • made a written 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 the ZBA's findings and recommendation at its February 9, 2004 meeting and recommended City Council approval thereof with modifications; and WHEREAS, the City Council considered the respective records and recommendations of the ZBA and the Planning and Development Committee and adopted same as modified at its February 9, 2004 and February 23, 2004 meetings; and 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. 22-0-04 • SECTION 2: That the City Council hereby adopts the records, findings, and recommendations of the ZBA and the Planning and Development Committee, and hereby approves the special use applied for in case no. ZBA 04-03-SU (R) on property legally described below. Lot 10 in Block 4 in Pitner & Son's Second Addition to South Evanston, in Section 24, Township 41 North, Range 13, East of the Third Principal Meridian; also Lot 11 in Block 4 (excepting that part thereof lying West of a Line 40 Feet East of and parallel with the West Line of the Southeast Quarter of said Section 24) in Pitner & Son's Second Addition to South Evanston, aforesaid, all in Cook County, Illinois. Commonly known as 845 Dodge Avenue, Evanston, Illinois. 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. 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, and with the approved plans and documents on file in this case. B. The owner of the property and the operator of the Type 2 restaurant shall adhere to a Litter Collection Plan, requiring the policing of an area located within a 250-foot 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. All litter collected pursuant to the Litter Collection Plan shall be placed in the exterior litter receptacles referred to in Condition D and shall not be • deposited into sidewalk trash receptacles. The owner of the -2- • 22-0-04 property and the operator of the Type 2 restaurant shall comply with the Litter Collection Plan. This Ordinance shall prevail over any inconsistent or contrary provisions in the Plan. C. 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, 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. D. The owner of the property and the operator of the Type 2 Restaurant shall maintain exterior litter receptacles of a number and type adequate, in the City's judgment, and with collections therefrom of sufficient frequency, also in the City's judgment, to • contain, with lids tightly shut, all litter emanating from operation of the use, and all litter collected pursuant to the Litter Collection Plan. Collections shall be a minimum of 3 times a week; including collections on Sundays to the extent necessary, in the City's judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight -fitting lids, and shall be placed on Code -compliant surfaces. The owner of the subject property shall provide adequate space at.the rear of and on the subject property to accommodate the litter receptacles and collections required by this condition. E. 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. F. The use approved hereby shall operate no later than midnight (12:00 a.m.) on any day of the week. G. At no time may there be located a pay telephone within the subject type 2 restaurant, nor may there be installed or maintained a pay telephone on the subject property not enclosed by the principal • building. -3- 22-0-04 • 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: ��L(t. �.,U , 2004 Adopted: �-�' oL3 2004 Approved: _ 2004 Mayor ATTEST: ✓C 'fy�Plerk Approved qs tq fora: Corporation Counsel -4- • •