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HomeMy WebLinkAboutORDINANCES-2004-121-O-04• 12/3/2004 121-0-04 AN ORDINANCE Granting a Special Use for a Type 2 Restaurant at 1571 Sherman Avenue WHEREAS, the Zoning Board Appeals ("ZBA") met on November 16, 2004 pursuant to proper notice in case number ZBA 04-49-SU (R) to consider an application for a special use to operate a Type 2 Restaurant pursuant to Section 6-11-3-4 of the Zoning Ordinance from Peter Lutz, lessee, with written permission from Sherman Grove, LLC, property owner of the subject property at 1571 Sherman Avenue in a D2 Downtown Retail 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 November 16, 2004 and January 10, 2005 meetings and recommended City Council approval thereof; 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 November 16, 2004 and January 10, 2005 meetings, 121-0-04 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 04-49-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. 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 &A 121-0-04 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. The operator and/or applicant shall cause implementation of, and adherence to, an employee parking plan requiring, as a minimum, the operator of the Type 2 restaurant and the operator's employees who drive to their employment at the subject Type 2 restaurant to park off-street at a lawful location. 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: ��1i�� , 2004 Adopted: , 2005 J • -3- 121-0-04 App ved: NiIAIk tc 11 , 2005 • L rraine H. Morton, Mayor Attest: MaP. ri ty Clerk prkved as to form, Corporation Counsel • • -4- EXHIBIT A TO ORDINANCE 121-0-04 • PARCEL 1: LOT 7, EXCEPT THE EAST 90 FEET THEREOF, IN BLOCK 27, IN THE SOUTHEAST %AND THE SOUTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2: LOT 8, EXCEPT THE EAST 90 FEET THEREOF, IN BLOCK 27, IN THE SOUTHEAST % AND THE SOUTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3: LOT 9 AND THE SOUTHERLY 8 INCHES OF LOT 10 IN BLOCK 27, IN THE SOUTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 4: LOT 10, EXCEPT THE SOUTHERLY 8 INCHES THEREOF IN BLOCK 27, IN THE SOUTHWEST % OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS • •