HomeMy WebLinkAboutORDINANCES-2004-107-O-04•
11 /3/2004
107-0-04
AN ORDINANCE
Granting a Special Use for a
Type 2 Restaurant at 1168 Dodge Avenue
WHEREAS, the Zoning Board Appeals ("ZBA") met on October 5,
2004 pursuant to proper notice in case number ZBA 04-38-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 James Fisher, lessee, with written
permission from Evanston Plaza, LLC, property owner of the subject property at
1168 Dodge Avenue in a C1 Commercial 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 the ZBA's findings and recommendation at its October 25,
2004 and November 8, 2004 meetings 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 at its October 25, 2004 and November 8, 2004 meetings,
107-0-04
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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 records,
findings, and recommendations of the ZBA and the Planning and Development
Committee, and hereby approves the special use applied for in case number
ZBA 04-38-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. 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, Planning and Development Committee, and the City
Council, and with the approved plans and documents on file in this case.
B. 1) The owner 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.
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107-0-04
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, 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 three (3) 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. Orders for carry -out food or beverages shall not be accepted after 10:00
p.m. on any night.
E. The use approved hereby shall be limited to pick-up and delivery of pizza
and and/or non-alcoholic beverages. The principal sales of said use shall be of
pizza for consumption off -site. A customer seating area is not permitted.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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107-0-04
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:ll,-�'� 2� 2004
Adopted: J� (t1-���L �'� , 2004
Appr ved:' �"�'� , 2004
Lo raine H. Morton, Mayor
Attest:
01
M ; �. rr ity Clerk
ADdr6ved as to fo m\'--
ration Counsel
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EXHIBIT A
• LEGAL DESCRIPTION OF EVANSTON PLAZA:
PARCEL 1:
LOT 1 IN BANBURY THIRD CONSOLIDATION, RECORDED MARCH 27, 1987 AS
DOCUMENT 87162463 BEING A CONSOLIDATION OF PART OF LOT 1 IN BANBURY
SECOND CONSOLIDATION AND PART OF LOT "A" IN CALHOUN NORTON
CONSOLIDATION, BOTH IN THE NORTHWEST % SECTION 24, TOWNSHIP 41
NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS;
EXCEPTING THEREFROM THE FOLLOWING:
THAT PART OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHWEST % OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN RECORDED MARCH 19, 1986 AS DOCUMENT NUMBER 86107329 AND
FILED MARCH 19, 1986 AS DOCUMENT NUMBER 3502281, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1;
THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF
19.88 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1,
A DISTANCE OF 105 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE
• OF LOT 1, A DISTANCE OF 2 FEET TO THE POINT OF BEGINNING; THENCE
WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF
307.33 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 38 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 114 FEET; THENCE NORTHERLY, PARALLEL
WITH THE EAST LINE LOT 1, A DISTANCE OF 195 FEET; THENCE EASTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 193,33 FEET;
THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE OF
233 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
ALSO EXCEPTING THEREFROM:
PART OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHWEST'/e OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, RECORDED MARCH 19, 1986 AS DOCUMENT NUMBER 86107329 AND
FILED MARCH 19, 1986 AS DOCUMENT NUMBER 3502281, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT 1;
THENCE NORTHERLY ALONG THE EAST LINE OF LOT 1, A DISTANCE OF 19.88
FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 90
• FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 235 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 75 FEET; THENCE NORTHERLY PARALLEL
WITH THE EAST LINE OF LOT 1, A DISTANCE OF 5 FEET; THENCE EASTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 15 FEET, •
THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE
OF 240 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS
ALSO EXCEPTING THEREFROM:
THAT PART OF BANBURY THIRD CONSOLIDATION PLAT RECORDED AS
DOCUMENT NUMBER 87162463, LEGALLY DESCRIBED AS FOLLOWS:
THAT PART OF LOTS 8, 9, 10, 11, AND 12 IN BLOCK 2 IN GROVER AND PITNER'S
ADDITION TO EVANSTON, A SUBDIVISION OF THE SOUTHWEST % OF THE
NORTHEAST % OF THE NORTHWEST % OF SECTION 24, TOWNSHIP 41 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE SOUTH LINE OF SAID LOT 12 AT ITS
INTERSECTION WITH A LINE DRAWN 45.00 FEET NORTHWESTERLY OF AND
PARALLEL WITH THE CENTER LINE BETWEEN THE TWO MAIN TRACKS (THE
NORTHWESTERLY OF -TWO MAIN TRACKS HAVING BEEN REMOVED) OF THE
CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, AS SAID CENTER
LINE WAS ORIGINALLY LOCATED AND ESTABLISHED; THENCE NORTHEASTERLY
PARALLEL WITH SAID ORIGINAL CENTER LINE A DISTANCE OF 241.64 FEET;
THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE; A
DISTANCE OF 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE DRAWN
40.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE AFORESAID •
ORIGINAL CENTER LINE, A DISTANCE OF 239.38 FEET TO THE POINT OF
INTERSECTION WITH THE SOUTH LINE OF LOT 12 AFORESAID; THENCE WEST;
ALONG SAID SOUTH LINE A DISTANCE OF 5.49 FEET TO THE HEREINBEFORE
DESCRIBED POINT OF BEGINNING IN COOK COUNTY, ILLINOIS.
PARCEL 2:
EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INGRESS AND EGRESS
REQURIED FOR THE PURPOSE OF MAINTENANCE OF COMMON UTILITY
FACILITIES AND OTHER UTILITIES SERVING THE PARCEL AND FOR THE
INSTALLATION, OPERATION, MAINTENANCE, REPAIR, RELOCATION AND
REMOVAL OF COMMON UTILITY FACILITIES, IF ANY, IN A MANNER WHICH DOES
NOT INTERFERE WITH ANY BUILDING USE OR OPERATION, IN AND OVER THAT
OF:
PARTS OF LOT 1 IN BANBURY CONSOLIDATION IN THE NORTHEAST % OF
SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL
MERIDIAN, RECORDED MARCH 19, 1986 AS DOCUMENT NUMBER 86107329 AND
FILED MARCH 19, 1986 AS DOCUMENT NUMBER 3502281 DESCRIBED AS
FOLLOWS:
(A) COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT
1; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF •
19.88 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1
A DISTANCE OF 105 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST
LINE OF LOT 1 A DISTANCE OF 2 FEET TO THE POINT OF BEGINNING, THENCE
E
• WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF
307.33 FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 38 FEET, THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 114 FEET; THENCE NORTHERLY, PARALLEL
WITH THE EAST LINE OF LOT 1, A DISTANCE OF 195 FEET; THENCE EASTERLY
AT RIGHT ANGLES TO THE LAST DESCRIBED LINE, A DISTANCE OF 193.33 FEET;
THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A DISTANCE
OF 233 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
(B) COMMENCING AT THE MOST EASTERLY SOUTHERLY CORNER OF SAID LOT
1; THENCE NORTHERLY ALONG THE EAST LINE OF LOT 1, A DISTANCE OF 19.88
FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A
DISTANCE OF 15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUNING
WESTERLY, AT RIGHT ANGLES TO THE EAST LINE OF LOT 1, A DISTANCE OF 90
FEET; THENCE NORTHERLY, PARALLEL WITH THE EAST LINE OF LOT 1, A
DISTANCE OF 235 FEET, THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED LINE, A DISTANCE OF 75 FEET; THENCE NORTHERLY, PARALLEL
WITH THE EAST LINE OF LOT 1, A DISTANCE OF 5 FEET; THENCE EASTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED LINE A DISTANCE OF 15 FEET;
THENCE SOUTHERLY, PARALLEL WITH THEAST LINE OF LOT 1, A DISTANCE OF
240 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PURSUANT TO RECIPROCAL EASEMENT AND OPERATION AGREEMENT MADE
BY LASALLE NATIONAL BANK, TRUSTEE UNDER TRUST AGREEMENT DATED
• JUNE 17, 1985 AND KNOWN AS TRUST NUMBER 109877 AND TOYS R' US, INC., A
CORPORATION OF DELAWARE, DATED JUNE 9, 1986 AND RECORDED JUNE 27,
1986 AS DOCUMENT NUMBER 86264888, IN COOK COUNTY, ILLINOIS.
PARCEL 3:
NON EXCLUSIVE PERPETUAL UTILITY EASEMENT FOR THE BENEFIT OF PART
OF PARCEL 1 ON, OVER, UNDER, THROUGH AND ACROSS:
THE WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE
THEREOF, OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF LOT 1, IN BANBURY CONSOLIDATION IN THE NORTHEAST % OF
THE NORTHWEST % OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECOREDED MARCH 19, 1986 AS DOCUMENT 86107329, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1,
THENCE NORTH 87 DEGREES 29 MINUTES 24 SECONDS EAST ALONG THE
SOUTH LINE OF SAID LOT 1, A DISTANCE OF 32.93 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUING NORTH 87 DEGREES 29 MINUTES 24
SECONDS EAST ALONG SAID SOUTH LINE A DISTANCE OF 71.36 FEET TO A
• CORNER OF LOT 1, BEING ALSO THE SOUTHWEST CORNER OF LOT "A" IN
CALHOUN NORTON CONSOLIDATION IN THE NORTHEAST % OF SAID SECTION
24, RECODRDED MARCH 3, 1965 AS DOCUMENT 19396701; THENCE NORTH 21
DEGREES, 51 MINUTES, 29 SECONDS, EAST ALONG THE SOUTH LINE OF SAID
3
LOT 1 BEING ALSO THE WEST LINE OF SAID LOT "A" IN CALHOUN NORTON
CONSOLIDATION, A DISTANCE OF 326.30 FEET TO A CORNER OF LOT 1; •
THENCE NORTH 87 DEGREES, 29 MINUTES, 24 SECONDS, EAST ALONG THE
SOUTH LINE OF SAID LOT 1, BEING ALSO THE WEST LINE OF SAID LOT "A" IN
CALHOUN NORTON CONSOLIDATION, A DISTANCE OF 16.47 FEET TO A CORNER
OF LOT 1, THENCE NORTH 21 DEGREES, 51 MINUTES, 29 SECONDS, EAST
ALONG THE SOUTH LINE OF SAID LOT 1, BEING ALSO THE WEST LINE OF SAID
LOT "A" IN CALHOUN NORTON CONSOLIDATION, A DISTANCE OF 34.53 FEET;
THENCE SOUTH 87 DEGREES, 29 MINUTES, 24 SECONDS, WEST 87.83 FEET.
THENCE SOUTH 21 DEGREES, 51 MINUTES, 29 SECONDS, WEST 360.84 FEET TO
THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
AS CONTAINED IN EASTMENT AGREEMENT MADE BY NORTHWEST NATIONAL
BANK OF CHICAGO, TRUSTEE UNDER TRUST AGREEMENT DATED AUGUST 14,
1979 AND KNOWN AS TRUST NUMBER 5502, NORTHERN TRUST BANK OF PALM
BEACH, FLORIDA, N.A., NAN P. NORTON DELATUSCH (FORMERLY KNOWN AS
NAN P. NORTON) AND MICHAEL C. NORTON AS TRUSTEES UNDER THAT
CERTAIN CALHOUN-NORTON MARITAL TRUST CREATED BY A TRUST
AGREEMENT DATED DECEMBER 6, 1979 (COLLECTIVELY THE NORTON
TRUSTEES), ARENS CONTRLS, INC. CORPORATION OF ILLINOIS, LASALLE
NATIONAL BANK, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 9, 1986
AND KNOWN AS TRUST NUMBER 111203, (THE LASALLE TRUST) AND
BANBURY/EVANSTON LIMITED PARTNERSHIP, AN ILLINOIS LIMITED
PARTNERSHIP, DATED OCTOBER 1, 1986 RECORDED NOVEMBER 16, 1986 AS
DOCUMENT 86522197, IN COOK COUNTY, ILLINOIS. •
COMMON ADDRESS: SOUTHWEST CORNER OF DODGE AVENUE AND
DEMPSTER STREET, EVANSTON, ILLINOIS
TAX INDENTIFICATION NUMBERS: 10-24-108-032
10-24-108-033
10-24-108-034
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