HomeMy WebLinkAboutORDINANCES-2004-004-O-04•
12/30/2003
4-0-04
AN ORDINANCE
Granting a Special Use for a Drive -Through
Facility and Major Variation For a One -Story
Building at 824 Emerson Street/1740 Benson Avenue
WHEREAS, the Zoning Board of Appeals ("ZBA") met on November 4, 2003 and
November 18, 2003 pursuant to proper notice in case no. ZBA 03-66-SU (R) to consider
an application by Robert Yohanan as agent for Surol Partnership, property owner of the
subject property at 824 Emerson Street/1740 Benson Avenue in a C1 Commercial
District, for a special use for a drive -through facility and a major variation for a one-story
building zero feet from the rear lot line with parking spaces zero feet from the north and
• rear lot lines pursuant to Section 6-10-2-3 and to Sections 6-10-2-8 and 6-16-2-1,
respectively, of the Zoning Ordinance; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application met the standards for
special uses in Section 6-3-5 and for major variations in Section 6-3-8-12 (E) of the
Zoning Ordinance 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 January 12, 2004 meeting
and recommended City Council approval thereof; and
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WHEREAS, the City Council considered the respective records and
recommendations of the ZBA and the Planning and Development Committee at its
January 12, 2004 and January 26, 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.
SECTION 2: That the City Council hereby adopts the ZBA's record, findings,
and recommendation, and the Planning and Development Committee's record, findings,
and recommendation, and hereby approves the special use and major variation applied
for in case no. ZBA 03-66-SU (R), on property legally described in Exhibit A attached
hereto and made a part hereof, commonly known as 824 Emerson Street/1740 Benson •
Avenue, Evanston, Illinois.
SECTION 3: That, pursuant to Section 6-3-5-12 and Section 6-3-8-14 of the
Zoning Ordinance, which provide, respectively, that the City Council may impose
conditions on the grant of a special use and the grant of a major variation, the following
conditions are hereby imposed. When necessary to effectuate said conditions,
"applicant" shall be read as "owner" or "operator".
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 City Council, and with the approved
plans and documents on file in this case.
B. The applicant shall install, or cause to be installed, all plant material •
and/or other features depicted on the landscape plan approved by
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the City as a condition to City issuance of a final Certificate of
Occupancy; and
C. The applicant shall submit a landscape maintenance plan for
review and approval by the City Superintendent of Parks and
Forestry which shall guarantee that any plantings made that die or
fail to thrive shall be replaced by the applicant during the earliest -
planting season thereafter, upon written notification to the property
owner from the City.
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:
Adopted:
ATTEST:
tiu,�.ir u� 2 &
Clerk
f
Appro ed as t orr
L'
Corporation Counsel
, 2004
, 2004
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Approved:
VV�f'11�,Q
Mayor
200/ 4,��
EXHIBIT A
Legal Description
824 Emerson Street/1740 Benson Avenue
Lot 5 (except that part lying Southerly of a line drawn from a point on the
East line of said Lot 5, which is 25.24 feet North of the Southeast corner
thereof, to a point on the West line of said Lot 5, which is 91.30 feet North
of the Southwest corner thereof) in Block 6 in Evanston, in the Southeast
quarter of the Northwest quarter of Section 18, Township 41 North, Range
14, East of the Third Principal Meridian, in Cook County, Illinois.
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