HomeMy WebLinkAboutORDINANCES-2004-067-O-046
67-0-04 /24/04
AN ORDINANCE
Granting a Variation to Reduce the
Required Off -Street Parking Requirements from
Five to Zero Spaces
WHEREAS, the Zoning Board of Appeals ("ZBA") held a public hearing on
June 1, 2004 in case no. ZBA 04-21-V(R), pursuant to proper notice, on the application
of Eric Kerlow and Mike Wittenbrink, officers of Trust no. 96-6782 held by' Cole Taylor
Bank as Trustee for a variation to Section 6-16-3-5 of the Zoning ordinance ("the
Ordinance") to reduce the required off-street parking for the subject property, 1500
Darrow Avenue, from five (5) spaces to zero (0) spaces in an R4 General Residential
District; and
1% WHEREAS, the ZBA, after hearing testimony and receiving other
evidence, made a verbatim record and pursuant to Section 6-3-8-12 of the Ordinance,
recommended City Council approval of the application; and
WHEREAS, the ZBA did not make specific findings; and
WHEREAS, the Planning and Development Committee of the City Council
considered the record and recommendation of the ZBA, adopted same, and made
findings at its June 28, 2004 meeting that the application met the standards for major
variations, and recommended 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 is June 28, 2004 and Jul00 y 12, 2004 meetings, and
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 0
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
part hereof.
SECTION 1: That the foregoing recitals are found as fact and made a
SECTION 2: That the City Council hereby adopts the findings of the
Planning and Development Committee that the application met the standards for major
variations set forth in Section 6-3-8-12 of the Ordinance, as follows:
(a) The variation will not have a substantial adverse impact on the use, enjoyment or
property values of adjoining properties. The use of the property will remain the same,
with the only difference in ownership of the units. Ample off-street parking exists in
the neighborhood.
(b) The variation is in keeping with the intent of the Ordinance in that the subject
property is located in the R4 General Residential District and the proposed use is
consistent with the permitted uses in that District. The proposed project will provide an
opportunity for the provision of affordable housing in the community. as
(c) The hardship or practical difficulty is peculiar to the property in that the entire
development, which once included 1815 Lake Street, 1500 Darrow Avenue, and 1510
Darrow Avenue under single ownership, was divided and sold off over 40 years ago
without the benefit of recorded easements or covenants to notify prospective
purchasers that the subject property was to be provided with parking in the lot to the
north of 1510 Darrow Avenue.
(d) The property owners would suffer a particular hardship or practical difficulty as
distinguished from a mere inconvenience if the strict letter of the regulations were to be
carried out in that because the easement for access to the existing parking lot to the
north of 1510 Darrow Avenue was never recorded, the applicants would have to
undertake legal action to obtain access or purchase/lease spaces from the owner of
1510 Darrow Avenue.
(e) While the granting of the variation will result in additional income to the applicants
and while the applicants may not have demonstrated that the application is not based
exclusively upon a desire to extract additional income from the property, public benefits
to the surrounding neighborhood and the City as a whole will. be derived from approval
of the variation including the provision of a variety of housing types in accordance with
the City's housing goals and preservation and enhancement of desirable site
characteristics and open space. Without required parking, the units may sell for a lower
price than if they had parking spaces.
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• (f) The alleged difficulty or hardship has not been created by any person having an
interest in the property. The current owners were unaware of the parking requirement
prior to their request to convert the rental units into townhouses. The hardship was
created when the property was sold by the original owner without recordation of a
document stating the parking requirement associated with the use or without creating an
access easement to the existing parking lot..
(g) The variation is limited to the minimum change necessary to alleviate the
particular hardship or practical difficulty which affects the property in that the applicants
will maintain the existing use and parking arrangement.
SECTION 3: That the aforesaid variation is granted to property legally
described as:
THE SOUTH FORTY-FIVE (45) FEET (MEASURED ON THE EAST LINE)
OF LOT 5 AND THAT PART OF THE SOUTH FORTY-FIVE (45) FEET
(MEASURED ON THE EAST LINE) OF LOT 6 AND THAT PART OF THE
SOUTH 45 FEET (MEASURED ON THE EAST LINE) OF NORTH AND
SOUTH VACATED ALLEY WHICH LIES BETWEEN SAID LOTS 5 AND 6
WHICH LIES SOUTHEASTERLY OF A LINE DRAWN PARALLEL WITH
• AND A DISTANCE OF FORTY-THREE AND FIFTY HUNDREDTHS
(43.50) FEET SOUTHEASTERLY (MEASURED AT RIGHT ANGLES)
FROM CENTER LINE OF EXISTING MAIN TRACT (AS SAME WAS
LOCATED ON MAY 6, 1960) OF CHICAGO AND NORTHWESTERN
RAILROAD COMPANY BEING THE MOST SOUTHEASTERLY TRACT
AS SAID MAIN TRACT IS NOW LOCATED AND ESTABLISHED IN
BLOCK 12 IN THE HINMAN'S ADDITION TO EVANSTON BEING A
SUBDIVISION OF THE NORTHWEST ONE -FORTH (1/4) OF THE
SOUTHEAST ONE -FORTH (1/4) OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS, AND COMMONLY KNOWN AS 1500
DARROW AVENUE.
SECTION 4: That pursuant to Section 6-3-8-14 of the Ordinance, which
provides that the City Council may impose conditions upon the grant of a variation, this
condition is hereby imposed:
(a) Construction and operation of the development on the subject property must be
in substantial compliance with the testimony of the applicants, documents, and
• approved plans placed on file in connection with this case.
—3—
Introduced: �? 3
Adopted: ( Z
ATTEST:
City C er
Ap r ved as to form:
Corporation Counsel
, 2004
12004
IIC
67-0-04
•
L3 , 2004
Lorraine H. Morton, Mayor
•
•
06-06-2004 1614 F01-
FROM . PLANNING
T-506 P.001/OC1 F-03B
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Zoning Division
2100 Ridges Ave
Evanston, illino6 80201
T 847-866.2930
Ciry of TTY $47,328.4080
�vanStorr www.cityofevanston.org
June 8, 2004
ZONING BOARD OF APPEALS' DEOIsooH
REGARDING 1500 DARROW AvENus
CAsE ZBA 0441 mV(R);
1'1lIARD JUNE 1, 2004a
Besed on the application, submitted documents, testimony, and upon the deiiberations and
findings contained In the transcript of the hearing, the Zoning Board of Appeals recommends
approval of the application by Erie Karlow and Mike W Ittenbrink, officers of Trust No. 96-6762 held
by Cola Taylor bank, trustee, for a variation to Section 6-16-3-5 for 1600 Darrow Avenge in fte R4,
General Residential District. The property owners propose to convert the existing five -unit rental
building into fee sitnple townhouses. A cond.tlon of the orli2inal Certificate of Occupancy for the
building was the provision of fiver off-street parking spaces on the adjoining lot at 1$10 Darrow.
The property owners seek relief from the provision of the five required off-street parking spaces,
The Zoning Board of Appeals recommends approval of this variation subject to construction and
um® of the development being in aubetantial eompiianco with the testimony and documents placed
on file In connection with this case.
This decision Is final and appealable within the meaning of the illifti; Administrative Review Act,
735 ILCS 5/3-101, at seq. That Act grants certain rights, among which is the right to appeal this
decision to the Circuit Court. Any such appeal must be filed within 35 days from the date this
decision was served upon you.
�_ s-_ O Y
Greg Ndrrwl1, Chair
Zoning Board of Appeals
Voting Aye- Reiches, Samson, Creamer, Norweil.
Voting Nallr None.
Abstaining: None.
Absent. Kobamtein, Putts, Walsh.
YAZ0N!N61Z 8 AUSA 04%DARR0W 1 S0MP1NDING.DOC
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