HomeMy WebLinkAboutORDINANCES-2003-100-O-03is
10/21 /2003
100-0-03
AN ORDINANCE
Granting a Special Use for a Type 2
Restaurant at 1549 Sherman Avenue
WHEREAS, the Zoning Board of Appeals ("ZBA") met on October 7, 2003
pursuant to proper notice in case no. ZBA 03-58-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 Christopher Casas, lessee, with written permission from the property
owner of the subject property at 1549 Sherman Avenue, in a D2 Downtown Retail Core
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 October 27, 2003 meeting
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 at its
October 27, 2003 and November 10, 2003 meetings, and
go
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.
100-0-03
is
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 applied for in case
no. ZBA 03-58-SU (R), on property legally described in Exhibit A attached hereto and
made a part hereof, commonly known as 1549 Sherman 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".
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 40
Development Committee, and City Council, and with the approved
plans and documents on file in this case.
B. 1) The operator 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.
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
-2-
•
100-0-03
herein prohibited, may create a danger to public health, safety, or
welfare.
C. The use authorized hereby shall have litter receptacles in a number
adequate in the City's judgment and collections therefrom a
minimum of three times a week, including collections on Sundays,
to the extent necessary to comply with this condition. Receptacles
shall be sufficient in number and capacity to contain, with the lids
tightly shut, all litter emanating from operation of the use and
collected pursuant to the above -described litter collection plan, and
accumulating between collections. All litter receptacles shall be
clean and maintained in accordance with City Code requirements,
and shall be placed on Code -compliant surfaces.
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 operator of the Type 2 Restaurant shall cause implementation
Is and adherence to an employee parking plan primarily requiring, at a
minimum, the operator of the Type 2 Restaurant and the operator's
employees to park at an off-street parking facility available in the
downtown area when driving to their employment at the Type 2
Restaurant.
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: vC���G��� , 2003
1
Adopted: r U i4�U'�-�' '�`� J , 2003
Z
-3-
100-0-03
•
Approved:
2003
Mayor
ATTEST:
�j
ity. Jerk
App . ved as to form:
(l� Corporation Co sel
n
LJ
•
-4-
n
•
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
100-0-03
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.
COMMONLY KNOWN AS:
1549-55 SHERMAN AVENUE, EVANSTON, ILLINOIS.
-5-