HomeMy WebLinkAboutORDINANCES-2002-024-O-02•
04/23/2002, 03/14/2002
24-0-02
AN ORDINANCE
Granting a Special Use for a Type 2
Restaurant at 1700 Simpson Street
WHEREAS, the Zoning Board of Appeals ("ZBA") met on March 5, 2002 pursuant
to proper notice in case no. ZBA 02-14-SU (R) to consider an application by Patrick Blair,
property owner, for a special use for a Type 2 restaurant pursuant to Section 6-9-2-3 of the
Zoning Ordinance, at 1701-1703 Simpson Street in a B1 Zoning District; and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made
a written record that the application met the standards for special uses in Section 6-3-5 of
• the Zoning Ordinance and recommended City Council approval thereof; and
WHEREAS, the Planning and Development Committee of the City Council
considered and adopted the record and recommendation of the ZBA at its March 25, 2002
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
March 25, 2002 and April 9, 2002 meetings, and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Council hereby adopts the record, findings, and
0 recommendation of the ZBA and the record and recommendation of the Planning and
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Development Committee and hereby approves the special use applied for in case
no. ZBA 02-14-SU (R) on the subject property legally described as:
THE SOUTH 40.5 FEET OF THE EAST 34.0 FEET OF LOT 7
AND THE EAST 34 FEET OF LOT 8 IN BLOCK 8 IN PAYNES
ADDITION TO EVANSTON, A SUBDIVISION OF THE WEST
HALF OF THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF SECTION 12, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
COOK COUNTY, ILLINOIS,
Commonly known as 1701-1703 Simpson Street.
SECTION 2: 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, these
conditions are hereby imposed:
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, and with the approved plans and
documents on file in this case.
B. The applicant shall comply with his testimony and representations to
the Zoning Board of Appeals and Planning and Development
Committee regarding the conduct of the operation of the special use,
including but not limited to provision of wait staff and use of reusable
dishes and utensils for meals served for consumption on the
premises.
C. The type 2 restaurant authorized hereby shall not be open for
business during the hours between midnight and 6 A.M. Monday
through Friday, and shall not be open for business during the hours
between 1 A.M. and 6 A.M. Saturday and Sunday.
D. The Planning and Development Committee shall review, and may
recommend to the City Council a change in, the hours of operation of
the subject type 2 restaurant one year after adoption of this
ordinance. Notice of the Committee's review shall be given to
neighboring property owners as provided for in Section 6-3-5-7(B).
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E. 1) The applicant shall adhere to the Litter Collection Plan, which
he submitted as part of the record at the ZBA hearing and
which is attached hereto as Exhibit 2 and made a part hereof,
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. The
operator of the Type 2 restaurant shall comply with the Litter
Collection Plan. The Ordinance shall prevail over any
inconsistent or contrary provisions in the Plan.
2) For the purposes 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, sold 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.
F. When necessary to effectuate the purposes of this grant of special
use, "applicant" shall be read "operator" and/or "applicant's
successors in interest".
SECTION 3: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
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SECTION 4: 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: (��;�'i� ! , 2002
Adopted: 2002
Appro, ed:
Mayor
ATTEST:
i Clerk
+,roved a ta'form:
Corporation Counsel
2002
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